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UNIVERSITY  OF  CALIFORNIA. 


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CONSTITUTION 


OP   THE 


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PUBLISHED  IN  CONFORMITY  TO  A  RESOLVE  OF  THE  LEGISLATURE 
OF  APRIL  26,   1853. 


BY  THE  SECRETARY  OF  THE  COMMONWEALTH. 


BOSTON: 

WHITE  AND   POTTER,   PRINTERS   TO   THE   STATE, 

4    SPRING    LANE. 

1853. 


,**•* 


Resolve  to  provide  for  distributing  Copies  of  the  present  Constitution  throughout 
the    Commonwealth. 

Resolved,  That  the  secretary  of  the  commonwealth  be  authorized  and  directed, 
as  soon  as  practicable,  to  cause  to  be  printed  an  edition  of  the  constitution  of 
the  commonwealth  of  Massachusetts,  in  cheap  pamphlet  form,  of  the  same 
number  as  that  published  annually  of  the  laws  and  resolves  passed  at  each 
session  of  th£  legislature,  and  to  be  apportioned  and  sent,  in  the  same  pro 
portion  and  the  same  manner  as  the  laws  and  resolves,  to  the  several  city  and 
town  clerks ;  with  such  instructions  for  the  distribution  of  the  same  in  the 
respective  cities  and  towns  throughout  the  commonAvealth,  as  he  may  find  to 
be  expedient  in  order  to  secure  prompt  delivery  thereof. 

Approved,  April  26,  1853. 


CONSTITUTION 


FORM   OF    GOVERNMENT 


FOR  THE 


of 


PREAMBLE. 

Objects  of  Government.  —  Body  politic,  how  formed. 
—  Its  nature. 


ART.  1. 
2. 


PART   THE   FIRST. 

Equality  and  natural  rights  of  all  men. 

Right  and  duty  of  public  religious  wor 
ship.  —  Protection  therein. 

Legislature  empowered  to  compel  provis 
ion  for  public  worship  ;  and  to  enjoin 
attendance  thereon.  —  Exclusive  right 
of  electing  religious  teachers  secured. 
—  Option,  as  to  whom  parochial  taxes 
may  be  paid,  unless,  &c.  —  All  denom 
inations  equally  protected.  —  Subordi 
nation  of  one  sect  to  another  prohib 
ited. 

Right  of  self-government  secured. 

Accountability  of  all  officers,  &c. 

Services  rendered  to  the  public  being  the 
only  title  to  peculiar  privileges,  heredi 
tary  offices  are  absurd  and  unnatural. 

Objects  of  government ;  right  of  people 
to  institute  and  change  it. 

Right  of  people  to  secure  rotation  in  office. 

All,  having  the  qualifications  prescribed, 
equally  eligible  to  office. 


ART.  10.  Right  of  protection  and  duty  of 
contribution  correlative.  —  Taxation 
founded  on  consent.  —  Private  proper 
ty  not  to  be  taken  for  public  uses 
without,  &c. 

11.  Remedies,  by  recourse  to  the  law,  to  be 

free,  complete,  and  prompt. 

12.  Prosecutions  regulated.  —  Right  to  trial 

by  jury  in  criminal  cases,  except,  &c. 

13.  Crimes  to  be  proved  in  the  vicinity. 

14.  Right  of  search  and  seizure  regulated. 

15.  Right  to  trial  by  jury  sacred,  except,  &c. 

16.  Liberty  of  the  press. 

17.  Right  to  keep  and  bear  arms.  —  Standing 

armies    dangerous.  —  Military    power 
subordinate  to  civil. 

18.  Moral  qualifications  for  office.  —  Moral 

obligations   of   lawgivers   and  magis 
trates. 

19.  Right  of  people  to  instruct  representa 

tives  and  petition  legislature. 

20.  Power  to  suspend  the  laws,  or  their  exe 

cution.  —  When  and  by  whom  exer 
cised. 

21.  Freedom     of   debate,    &c.,   and  reason 

thereof. 

22.  Frequent  sessions,  and  objects  thereof. 

23.  Taxation  founded  on  consent. 

24.  Ex  post  facto  laws  prohibited. 

25.  Legislature  not  to  convict  of  treason,  &c. 

26.  Excessive  bail  or  fines,  and  cruel  punish 

ments,  prohibited. 

(3) 


CONSTITUTION     OF     MASSACHUSETTS. 


ART.  27.    No  soldier  to  be  quartered  in  any  house, 
unless,  &c. 

28.  Citizens  exempt  from  law  martial,  un 

less,  &c. 

29.  Judges  of  Supreme  Judicial  Court.  — 

Tenure  of  their  office.  —  Salaries. 

30.  Separation  of  executive,  judicial,  and 

legislative  departments. 


PART   THE    SECOND. 

CHAPTER    I. 
SECTION    1. 

ART.  1.     Legislative  department. 

2.  Governor's  veto.  —  Bill  may  be  passed 

by  two  thirds  of  each  house,  notwith 
standing. 

3.  General  Court  may  constitute  judicato- 

ries,  courts  of  record,  &c.  —  Courts, 
&c.,  may  administer  oaths. 

4.  General  Court  may  enact  laws,  &c.,  not 

repugnant  to  the  constitution ;  may 
provide  for  the  election  or  appoint 
ment  of  officers  ;  prescribe  their  du 
ties  ;  impose  taxes ;  duties  and  ex 
cises,  to  be  disposed  of  for  defence, 
protection,  &c.  —  Valuation  of  es 
tates,  once  in  ten  years,  at  least, 
while,  &c. 

SECTION   2. 

ART.  1.  Senate,  number  of,  and  by  whom  elect 
ed.  —  Counties  to  be  districts  un 
til,  &c. 

2.  Manner  and  time  of  choosing  senators 

and  counsellors.  —  Word  "inhabit 
ant,"  denned.  —  Selectmen  to  preside 
at  town  meetings.  —  Return  of  votes. 
—  Inhabitants  of  unincorporated 
plantations,  who  pay  state  taxes,  may 
vote.  —  Plantation  meetings.  —  As 
sessors  to  notify,  &c. 

3.  Governor  and  council  to  examine   and 

count  votes  and  issue  summonses. 

4.  Senate  to  be  final  judges  of  elections, 

&c.,  of  its  own  members.  —  Vacan 
cies,  how  filled. 

5.  Qualifications  of  a  senator. 

6.  Senate  not  to  adjourn  more  than  two 

days. 

7.  Shall  choose  its  officers  and  establish 

its  rules. 

8.  Shall  try  all  impeachments.  —  Oaths.  — 

Limitation  of  sentence 

9.  Quorum. 


SECTION  3. 

ART.  1.    Representation  of  the  people. 

2.  Representatives,  by  whom  chosen. —  Pro 

viso  as  to  towns  having  less  than  one 
hundred  and  fifty  ratable  polls.  — 
Towns  liable  to  fine,  in  case,  &c.  — 
Expense  of  travelling  to  and  from  the 
General  Court,  how  paid. 

3.  Qualifications  of  a  representative. 

4.  Qualifications  of  a  voter. 

5.  Representatives,  when  chosen. 

6.  House  alone  can  impeach. 

7.  House  to  originate  all  money  bills. 

8.  Not  to  adjourn  more  than  two  days. 

9.  Quorum. 

10.  House  to  judge  of  returns,  &c.,  of  its 

own  members  ;  to  choose  its  officers 
and  establish  its  rules,  &c.  —  May  pun 
ish  for  certian  offences.  —  Privileges 
of  members. 

11.  Governor    and   Council  may  punish.  — 

General  limitations.  — Trial  may  be  by 
committee,  or  otherwise. 


CHAPTER    II. 
SECTION  1. 

ART.  1.     Governor.  —  His  title. 

2.  To  be  chosen  annually.  —  Qualifications. 

3.  To  be  chosen  by  the  people,  by  a  major 

vote.  —  How  chosen,  when  no  person 
has  a  majority. 

4.  Power  of  governor,  and  of  governor  and 

Council. 

5.  Same  subject. 

6.  Governor  and  Council  may  adjourn  Gen 

eral  Court,  in  cases,  &c.,  but  not  ex 
ceeding  ninety  days. 

7.  Governor  to  be  commander-in-chief.  — 

Limitation. 

8.  Governor   and  Council   may  pardon   of 

fences,  except,  &c.  —  But  not  before 
conviction. 

9.  All  judicial  officers,  &c.,  how  nominated 

and  appointed. 

10.  Militia  officers,  how  elected.  —  How  com 

missioned. —  Major  generals,  how  ap 
pointed  and  commissioned.  —  Vacan 
cies,  how  filled,  in  case,  &c.  —  Officers, 
duly  commissioned,  how  removed.  — • 
Afljutants,  &c.,  how  appointed.  —  Or 
ganization  of  militia. 

11.  Money,  how  drawn  from  the  treasury, 

except,  &c. 

12.  All  public  boards,  &c.,  to  make  quarterly 

returns. 


CONSTITUTION     OF     MASSACHUSETTS. 


ART.  13.  Salary  of  governor.  —  Salaries  of  jus 
tices  of  Supreme  Judicial  Court.  — 
Salaries  to  be  enlarged,  if  insufficient. 

SECTION  2. 

ART.  1.  Lieutenant  governor,  his  title  and  quali 
fications.  —  How  chosen. 

2.  President  of  Council. —  Lieutenant  gov 

ernor  a  member  of,  except,  &c. 

3.  Lieutenant  governor  to  be  acting  gov 

ernor,  in  case,  &c. 

SECTION  3. 

ART.  1.    Council. 

2.     Number  ;  from  -whom  and  how  chosen. 

—  If    senators    become   counsellors, 
their  seats  to  bo  vacated. 

8.     Rank  of  counsellors. 

4.  No  district  to  have  more  than  two. 
o.     Register  of  Council. 

6.  Council  to  exercise  the  power  of  gov 

ernor,  in  case,  &c. 

7.  Elections  may  be  adjourned,  until,  &c. 

—  Order  thereof. 

SECTION  4. 

ART.  1.     Secretary,    &c.,    by    whom    and    how 
chosen.  —  Treasurer,    ineligible    for 
more  than  five  successive  years. 
2.     Secretary  to  keep  records,  to  attend  the 
governor  and  Council,  &c. 

CHAPTER    III. 

ART.  1.  Tenure  of  all  commissioned  officers  to 
be  expressed.  —  Judicial  officers  to 
hold  office  during  good  behavior,  ex 
cept,  &c.  —  But  may  be  removed  on 
address. 

2.  Justices  of  Supreme  Judicial  Court  to 

give  opinions,  when  required. 

3.  Justices  of  the  peace ;  tenure  of  their 

office. 

4.  Provisions  for  holding  probate  courts. 

5.  Provisions   for   determining   causes    of 

marriage,  divorce,  &c. 

CHAPTER    IV. 
Delegates  to  Congress. 

CHAPTER    V. 
SECTION  1. 

ART.  1.  Harvard  College.  —  Powers,  privileges, 
&c.,  of  the  president  and  fellows,  con 
firmed. 


ART.  2.    All  gifts,  grants,  &c.,  confirmed. 

3.    Who  shall  be  overseers.  —  Power  of  al 
teration  reserved  to  the  legislature. 

SECTION  2. 

Duty  of  legislators  and  magistrates  in  all  future 
periods. 

CHAPTER    VI. 

ART.  1.    Oaths,  &c. 

2.  Plurality  of  offices   prohibited   to   gov 

ernor,  &c.,  except,  &c.  —  Incompati 
ble  offices.  —  Bribery,  &c.,  operate 
disqualifications. 

3.  Value  of  money  ascertained.  —  Proper 

ty  qualifications  may  be  increased. 

4.  Provisions  respecting  commissions. 

5.  Provisions  respecting  writs. 

6.  Continuation  of  former  laws,  except,  &c. 

7.  Benefit   of   habeas   corpus  secured,  ex 

cept,   &c. 

8.  The  enacting  style. 

9.  Officers  of  former  government  continued 

until,  &c. 

10.  Provision  for  revising  constitution. 

11.  Provision  for  preserving  and  publishing 

this  constitution. 

AMENDMENTS. 

ART.  1.  Bill,  &c.,  not  approved  within  five  days, 
not  to  become  a  law,  if  legislature  ad 
journ  in  the  mean  time. 

2.  General    Court    empowered    to    charter 

cities.  —  Proviso. 

3.  Qualifications   of   voters    for    governor, 

lieutenant  governor,  senators,  and  rep 
resentatives. 

4.  Notaries  public,  how  appointed  and  re 

moved.  —  Vacancies  in  the  office  of 
secretary  and  treasurer,  how  filled,  in 
ca.se,  (Src.  —  Commissary  general  may 
be  appointed,  in  case,  &c.  —  Militia 
officers,  how  removed. 

5.  Who  may  vote  for  captains  and  subal 

terns. 

6.  Oath   to  be   taken  by   all   officers  ;    or 

affirmation,  in  case,  £c. 

7.  Tests  abolished. 

8.  Incompatibility  of  offices. 

9.  Amendments  to  constitution,  how  made. 

10.  Commencement  of   political  year,    and 

termination.  —  Meetings  for  choice  of 
governor,  lieutenant  governor,  &c., 
when  to  be  held.  —  May  be  adjourned. 

—  Article,  when  to  go  into  operation. 

—  Inconsistent  provisions  annulled. 

11.  Religious  freedom  established. 


CONSTITUTION. 


PREAMBLE. 

Objects  of  gcv-      THE  end  of  the  institution,  maintenance,  and  administration 

eminent. 

of  government  is  to  secure  the  existence  of  the  body  politic  ; 
to  protect  it ;  and  to  furnish  the  individuals  who  compose  it 
with  the  power  of  enjoying,  in  safety  and  tranquillity,  their  nat 
ural  rights  and  the  blessings  of  life  :  and  whenever  these  great 
objects  are  not  obtained,  the  people  have  a  right  to  alter  the 
government,  and  to  take  measures  necessary  for  their  safety, 
prosperity,  and  happiness. 

Body  politic,  THE  body  politic  is  formed  by  a  voluntary  association  of  in- 

how  formed.  J    L  J 

dmduals ;  it  is  a  social  compact,  by  which  the  whole  people 
covenants  with  each  citizen,  and  each  citizen  with  the  whole 
people,  that  all  shall  be  governed  by  certain  laws  for  the  com 
mon  good.  It  is  the  duty  of  the  people,  therefore,  in  framing 
a  constitution  of  government,  to  provide  for  an  equitable  mode 
of  making  laws,  as  well  as  for  an  impartial  interpretation  and 
a  faithful  execution  of  them  ;  that  every  man  may,  at  all  times, 
find  his  security  in  them. 

WE,  therefore,  the  people  of  Massachusetts,  acknowledging, 
with  grateful  hearts,  the  goodness  of  the  great  Legislator  of 
the  universe  in  affording  us,  in  the  course  of  his  providence, 
an  opportunity,  deliberately  and  peaceably,  without  fraud, 
violence,  or  surprise,  of  entering  into  an  original,  explicit,  and 
solemn  compact  with  each  other  ;  and  of  forming  a  new  con 
stitution  of  civil  government  for  ourselves  and  posterity  ;  and 
devoutly  imploring  his  direction  in  so  interesting  a  design,  do 
agree  upon,  ordain,  and  establish  the  following  Declaration  of 
Rights,  and  Frame  of  Government,  as  the  CONSTITUTION 
of  the  COMMONWEALTH  of  MASSACHUSETTS. 


CONSTITUTION    OF    MASSACHUSETTS. 


PAKT    THE    FIEST. 

A  Declaration  of  the  Rights  of  the  Inhabitants  of  the  Common 
wealth  of  Massachusetts. 

ART.  I.    ALL  men  are  born  free  and  equal,  and  have  certain  Equality  and 
natural,  essential,  and  unalienable  rights  ;  among  which  may  aS  men."8 
be  reckoned  the  right  of  enjoying  and  defending  their  lives 
and   liberties  ;  that  of  acquiring,  possessing,  and  protecting 
property ;  in  fine,  that  of  seeking  and  obtaining  their  safety 
and  happiness. 

II.  IT  is  the  right  as  well  as  the  duty  of  all  men  in  society,  Right  an(*  du.ty 
publicly,  and  at  stated  seasons,  to  worship  the  SUPREME  gi 
BEING,  the  great  Creator  and  Preserver  of  the  universe.    And 

no  subject  shall  be  hurt,  molested,  or  restrained,  in  his  person, 
liberty,  or  estate,  for  worshipping  GOD  in  the  manner  and 
season  most  agreeable  to  the  dictates  of  his  own  conscience  ;  or 
for  his  religious  profession  or  sentiments  ;  provided  he  doth 
not  disturb  the  public  peace,  or  obstruct  others  in  their 
religious  worship. 

III.  As  the  happiness  of  a  people,  and  the  good  order  and  See  amend- 

„     .    .1  ments.  Art.  XI. 

preservation  of  civil  government,  essentially  depend  upon  piety, 
religion,  and  morality  ;  and  as  these  cannot  be  generally  dif 
fused  through  a  community  but  by  the  institution  of  the  public 
worship  of  GOD,  and  of  public  instructions  in  piety,  religion, 
and  morality :  Therefore,  to  promote  their  happiness,  and  to  Legislature  em- 
secure  the  good  order  and  preservation  of  their  government,  peiVpTotision°for 
the  people  of  this  commonwealth  have  a  right  to  invest  their  public  worshiPJ 
legislature  with  power  to  authorize  and  require,  and  the  legisla 
ture  shall,  from  time  to  time,  authorize  and  require,  the  several 
towns,  parishes,  precincts,  and  other  bodies  politic,  or  religious 
societies,  to  make  suitable  provision,  at  their  own  expense,  for 
the  institution  of  the  public  worship  of  GOD,  and  for  the  sup 
port  and  maintenance  of  public  Protestant  teachers  of  piety, 
religion,  and  morality,  in  all  cases  where  such  provision  shall 
not  be  made  voluntarily. 

AND  the  people  of  this  commonwealth  have  also  a  right  to,  and  to  enjoin  at- 

T    T  ,1     .      i       .  i     .  ..-,  ,1        .,  ..  tendance    there- 

and  do,  invest  their  legislature  with  authority  to  enjoin  upon  on.   See  amend- 
all  the  subjects  an  attendance  upon  the  instructions  of  the  mente'Art-XL 


8  CONSTITUTION    OF     MASSACHUSETTS. 

public  teachers  aforesaid,  at  stated  times  and  seasons,  if  there 
bo  any  on  whose   instructions  they  can  conscientiously  and 
conveniently  attend. 
Exclusive  right      PROVIDED  notwithstanding,  that  the  several  towns,  parishes, 

of  electing  reli-  .  ,      ,,         ,      ,  .  ,.,.  ,.    .  ...  in 

gious  teachers     precincts,  and  other  bodies  politic,  or  religious  societies,  shall, 
at  all  times,  have  the  exclusive  right  of  electing  their  public 
f        teachers,  and  of  contracting  with  them  for  their  support  and 
maintenance. 


Option  as  to  ^ND  a]j  moneys,  paid  by  the  subject  to  the  support  of  public 

•whom    parochial  J    '  r  J  J  l  l  l 

taxes  may  be       worship,  and  of  the  public  teachers  aforesaid,   shall,  if  he 

B"  require  it,  be  uniformly  applied  to  the  support  of  the  public 

teacher  or  teachers  of  his  own  religious  sect  or  denomination, 

provided   there    be   any   on  whose  instructions   ho   attends  : 

otherwise  it  may  be  paid  towards  the  support  of  the  teacher  or 

See  amend-  .  .  .  7          , 

ments,  Art.  XI.    teachers  of  the  parish  or  precinct  in  which  the  said  moneys  are 
raised. 


AH  denomma-         £•$•$  cvcry   denomination   of   Christians,  demeaning   tliem- 

tions  equally  pro-  •* 

tected.  selves  peaceably,  and  as  good  subjects  of  the  commonwealth, 

shall  be  equally  under  the  protection  of  the  law  ;  and  no  sub- 
Subordination  of        ,  .  .  . 

one  sect  to         ordination  of  any  one  sect  or  denommaiton  to  another  shall 

another    proh  b-  ^  be  cstablighed  by  ^ 

Right  of  self-         YV.     THE  pe0pie  Of  this  commonwealth  have  the  sole  and 

government  se-  L       *• 

cured.  exclusive  right  of  governing  themselves,  as  a  free,  sovereign, 

and  independent  state  ;  and  do,  and  forever  hereafter  shall, 
exercise  and  enjoy  every  power,  jurisdiction,  and  right,  which 
is  not,  or  may  not  hereafter,  be  by  them  expressly  delegated  to 
the  United  States  of  America,  in  Congress  assembled. 


Power  residing  originally  in  the  people,  and  being 
derived  from  them,  the  several  magistrates  and  officers  of  gov 
ernment,  vested  with  authority,  whether  legislative,  executive, 
or  judicial,  are  their  substitutes  and  agents,  and  are  at  all  times 
accountable  to  them. 

Sen-ices  ren-  VI.     No  man,  nor  corporation,  or  association  of  men,  have 

derod  to  the  pub-  r 

lie  being  the        any  other  title  to  obtain  advantages,  or  particular  and  exclu- 

cuiuir  priviieg^  sive  privileges,  distinct  from  those  of  the  community,  than  what 

LTerR1ibsuyrd0thaned  arises   from   the  consideration   of    services  rendered   to   the 

unnatural.          public  ;  and  this  title  being  in  nature  neither  hereditary,  nor 

transmissible  to  children,  or  descendants,  or  relations  by  blood, 

the  idea  of  a  man  being  born  a  magistrate,  lawgiver,  or  judge, 

is  absurd  and  unnatural. 


CONSTITUTION    OF    MASSACHUSETTS. 

VII.  GOVERNMENT  is  instituted  for  the  common  good  ;  for  objects  of 
the  protection,  safety,  prosperity,  and  happiness  of  the  people  ;  of 

and  not  for  the  profit,  honor,  or  private  interest  of  any  one 
man,  family,  or  class  of  men  :  Therefore  the  people  alone  have 
an  incontestible,  unalienable,  and  indefeasible  right  to  institute 
government ;  and  to  reform,  alter,  or  totally  change  the  same, 
when  their  protection,  safety,  prosperity,  and  happiness  re 
quire  it. 

VIII.  IN  order  to    prevent  those   who  are  vested  with  Risht  of  Pe°Ple 

1  to  secure  rota- 

authority  from  becoming  oppressors,  the  people  have  a  right,  tion  in  office. 
at  such  periods  and  in  such  manner  as  they  shall  establish  by 
their  frame  of  government,  to  cause  their  public  officers  to 
return  to  private  life  ;  and  to  fill  up  vacant  places  by  certain 
and  regular  elections  and  appointments. 

IX.  ALL  elections  ought  to  be  free  ;  and  all  the  inhabitants  Ail,  havmg  the 
of  this  commonwealth,  having  such  qualifications  as  they  shall  prescribed?118 
establish  by  their  frame  of  government,  have  an  equal  right  to  JJ  officeeliglble 
elect  officers,  and  to  be  elected,  for  public  employments. 

X.  EACH  individual  of  the  society  has  a  right  to  be  pro-  Right  of  protec- 
tected  by  it  in  the  enjoyment  of  his  life,  liberty,  and  property,  contribution^  ' 
according  to  standing  laws.     He  is  obliged,  consequently,  to  correlatlve- 
contribute  his  share  to  the  expense  of  this  protection  ;  to  give 

his  personal  service,  or  an  equivalent,  when  necessary  :  but  no 

part  of  the   property  of  anv  individual  can,  with  justice,  be  Taxati°n  fouud- 

J  J  ed  on  consent. 

taken  from  him  or  applied  to  public  uses  without  his  own  con 
sent,  or  that  of  the  representative  body  of  the  people.  In 
fine,  the  people  of  this  commonwealth  are  not  controlable  bv 

.  .  Private  property 

any  other  laws  than  those  to  which  their  constitutional  repre-  not  to  be  takoh 
sentative  body  have  given  their  consent.     And  whenever  the  without,  &-c.u>( 
public  exigencies  require  that  the  property  of  any  individual 
should  be   appropriated  to    public    uses,   he  shall  receive  a 
reasonable  compensation  therefor. 

XI.  EVERY  subject  of  the  commonwealth  ought  to  find  a  Remedies,  by  rc- 

..  j       ,       ,  ,11  «          11    •    •      •        course  to  the  law, 

certain  remedy,  by  having  recourse  to  the  laws,  for  all  injuries  to  be  free,  com- 

or  wrongs  which  he  may  receive  in  his  person,  property,  or 

character.     He  ought  to  obtain  right  and  justice  freely,  and 

without  being  obliged  to  purchase  it ;  completely,  and  without 

any  denial ;  promptly,  and  without  delay  ;  conformably  to  the 

laws. 

2 


10  CONSTITUTION     OF     MASSACHUSETTS. 

Prosecutions  XII.     No  subject  shall  be  held  to  answer  for  any  crimes  or 

offence  until  the  same  is  fully  and  plainly,  substantially  and 
formally,  described  to  him  ;  or  be  compelled  to  accuse  or  fur 
nish  evidence  against  himself;  and  every  subject  shall  have  a 
right  to  produce  all  proofs  that  may  be  favorable  to  him  ;  to 
meet  the  witnesses  against  him  face  to  face,  and  to  be  fully  heard 
in  his  defence  by  himself,  or  his  counsel,  at  his  election  :  and 
no  subject  shall  be  arrested,  imprisoned,  despoiled,  or  deprived 
of  his  property,  immunities,  or  privileges,  put  out  of  the  pro 
tection  of  the  law,  exiled,  or  deprived  of  his  life,  liberty,  or 
estate,  but  by  the  judgment  of  his  peers,  or  the  law  of  the 
land. 

Right  to  trial  by      AND  the  legislature  shall  not  make  any  law  that  shall  subject 
iSs/^xceptl&c!  any  person  to  a  capital  or  infamous  punishment,  excepting  for 
the  government  of  the  army  and  navy,  without  trial  by  jury. 

Crimes  to  be  XIII.     IN  criminal  prosecutions,  the  verification  of  facts,  in 

proved  in  the  .  ,,    . , 

vicinity.  the  vicinity  where  they  happen,  is  one  of  the  greatest  securi 

ties  of  the  life,  liberty,  and  property  of  the  citizen. 

Right  of  search  XIV.  EVERY  subject  has  a  right  to  be  secure  from  all  un- 
Xted?21  ?"  reasonable  searches  and  seizures  of  his  person,  his  houses,  his 
papers,  and  all  his  possessions.  All  warrants,  therefore,  are 
contrary  to  this  right,  if  the  cause  or  foundation  of  them  be 
not  previously  supported  by  oath  or  affirmation,  and  if  the 
order  in  the  warrant  to  a  civil  officer,  to  make  search  in  sus 
pected  places,  or  to  arrest  one  or  more  suspected  persons,  or 
to  seize  their  property,  be  not  accompanied  with  a  special  des 
ignation  of  the  persons  or  objects  of  search,  arrest,  or  seizure  ; 
and  no  warrant  ought  to  be  issued  but  in  cases,  and  with  the 
formalities,  prescribed  by  the  laws. 

Right  to  trial  by  XV.  IN  all  controversies  concerning  property,  and  in  all 
icpt,??8  L"  suits  between  two  or  more  persons,  except  in  cases  in  which  it 
has  heretofore  been  otherways  used  and  practised,  the  parties 
have  a  right  to  a  trial  by  jury  ;  and  this  method  of  procedure 
shall  be  held  sacred,  unless,  in  causes  arising  on  the  high  seas, 
and  such  as  relate  to  mariners'  wages,  the  legislature  shall  here 
after  find  it  necessary  to  alter  it. 

Liberty  oi    the      XVI.     THE  liberty  of  the  press  is  essential  to  the  security 
press'  of  freedom  in  a  state  :  it  ought  not,  therefore,  to  be  restrained 

in  this  commonwealth. 


CONSTITUTION     OF     MASSACHUSETTS.  11 

XVII.  THE  people  have  a  right  to  keep  and  to  bear  arras  Right   to   keep 

/»,i  j    r>  ^  ...  n  and     bear    anus. 

for  the  common  defence  ;  and,  as  m  time  of  peace,  armies  arc  standing  armies 
dangerous  to  liberty,  they  ought  not  to  be  maintained  without  ^jTiwwCT  J,1,)!." 
the  consent  of  the  legislature  ;  and  the  military  power  shall  ordmate  to  civil. 
always  be  held  in  an  exact  subordination  to  the  civil  authority, 
and  be  governed  by  it. 

XVIII.  A  FREQUENT  recurrence  to  the  fundamental  princi-  Moral  quaiifica. 
pies  of  the  constitution,  and  a  constant  adherence  to  those  of  faor 

piety,  justice,  moderation,  temperance,  industry,  and  frugality, 

are  absolutely  necessary  to  preserve  the  advantages  of  liberty, 

and  to  maintain  a  free  government.     The  people  ought,  conse 

quently,  to  have  a  particular  attention  to  all  those  principles,  Moral     obiiga- 

in  the  choice  of  their  officers  and  representatives  ;  and  they  errand  magi* 

have  a  right  to  require  of  their  lawgivers  and  magistrates  an  trates- 

exact  and  constant  observance  of  them,  in  the  formation  and 

execution  of  the  laws  necessary  for  the  good  administration  of 

the  commonwealth. 

XIX.  THE  people  have  a  right,  in  an  orderly  and  peaceable  Right  of  people 

,  ,  .to   instruct   rep- 

manncr,  to  assemble  to  consult  upon  the  common  good,  give  rescututives  and 
instructions   to  their  representatives,  and   to  request  of  the  ^^on  leglsla" 
legislative  body,  by  the  way  of  addresses,  petitions,  or  remon 
strances,  redress  of  the  wrongs  done  them,  and  of  the  griev 
ances  they  suffer. 

XX.  THE  power  of  suspending  the  laws,  or  the  execution  Power    to 


of  the  laws,  ought  never  to  be  exercised  but  by  the  legislature,  ST  execution^ 
or  by  authority  derived  from  it,  to  be  exercised  in  such  partic 
ular  cases  only  as  the  legislature  shall  expressly  provide  for. 

XXI.  THE  freedom  of  deliberation,  speech,  and  debate,  in  Freedom  of  de- 
eithcr  house  of  the  legislature,  is  so  essential  to  the  rights  of  reswon  thereof! 
the  people,  that  it  cannot  be  the  foundation  of  any  accusation 

or  prosecution,  action  or  complaint,  in  any  other  court  or  place 
whatsoever. 

XXII.  THE  legislature  ought  frequently  to  assemble  for  the  Frequent     ses- 
redrcss  of  grievances,  for  correcting,  strengthening,  and  con-  ject?  thereof:0^ 
firming  the  laws,  and  for  making  new  laws,  as  the  common 

good  may  require. 

XXIII.  No  subsidy,  charge,  tax,  impost,  or  duties  ought  to 


12  CONSTITUTION     OF     MASSACHUSETTS. 

be  established,  fixed,  laid,  or  levied,  under  any  pretext  whatso 
ever,  without  the  consent  of  the  people,  or  their  representa 
tives  in  the  legislature. 

EX   post   facto      XXIY.    LAWS  made  to  punish  for  actions  done  before  the 

laws    prohibited.        .  ,      ,         , 

existence  of  such  laws,  and  which  have  not  been  declared 
crimes  by  preceding  laws,  are  unjust,  oppressive,  and  incon 
sistent  with  the  fundamental  principles  of  a  free  government. 


Legislature  not      XXY.     No  subject  ought,  in  any  case,  or  in  any  time,  to  be 
declared  guilty  of  treason  or  felony  by  the  legislature. 


to      convict      of 
treason,   &c. 


Excessive  bail  or      XXVI.     No  magistrate  or  court  of  law  shall  demand  exces- 

fines,   and   cruel  .      ..  .  p  .     „. 

punishments,  sive  bail  or  sureties,  impose  excessive  fines,  or  inflict  cruel  or 
unusual  punishments. 

NO  soldier  to  be      XXVII.     IN  time  of  peace,  no  soldier  ought  to  be  quartered 

quartered  in  any  .  /  {    . 

house,  unless,  in  any  house  without  the  consent  of  the  owner  ;  and  in  time 
of  war,  such  quarters  ought  not  to  be  made  but  by  the  civil 
magistrate,  in  a  manner  ordained  by  the  legislature. 

Citizens  exempt      XXVIII.     No  person  can  in  any  case  be  subjected  to  law 

from      law-mar-  .  J .  ^ 

tiai,  unless,  &c.  martial,  or  to  any  penalties  or  pains,  by  virtue  of  that  law, 
except  those  employed  in  the  army  or  navy,  and  except  the 
militia  in  actual  service,  but  by  authority  of  the  legislature. 

Judges   of  Su-      XXIX.     IT  is  essential  to  the  preservation  of  the  rights  of 

preine     Judicial  •     i*    •  i      i    i  •      fr»     i>i  -IT 

Court.  every  individual,  his  life,  liberty,  property,  and  character,  that 

there  be  an  impartial  interpretation  of  the  laws,  and  adminis 
tration  of  justice.  It  is  the  right  of  every  citizen  to  be  tried 
by  judges  as  free,  impartial,  and  independent  as  the  lot  of  hu 
manity  will  admit.  It  is,  therefore,  not  only  the  best  policy, 

office"6  °f  their  but  for  the  security  of  the  rights  of  the  people,  and  of  every 
citizen,  that  the  judges  of  the  Supreme  Judicial  Court  should 
hold  their  offices  as  long  as  they  behave  themselves  well,  and 
that  they  should  have  honorable  salaries  ascertained  and  estab- 

Salaries.  Hshed  by  standing  laws. 

Separation  of  ex-      XXX.     IN  the  government  of  this  commonwealth,  the  lejris- 

ecutive,  judicial,  ,    ,.        ., 

and  legislative  lative  department  shall  never  exercise  the  executive  and  judi 
cial  powers,  or  either  of  them  :  the  executive  shall  never  exer 
cise  the  legislative  and  judicial  powers,  or  either  of  them  :  the 


CONSTITUTION     OF     MASSACHUSETTS.  13 

judicial  shall  never  exercise  the  legislative  and  executive  pow 
ers,  or  either  of  them  ;  to  the  end  it  may  be  a  government  of 
laws,  and  not  of  men. 


PART    THE    SECOND. 

•'    s-* 

The  Frame  of  Government. 

THE  people,  inhabiting  the  territory  formerly  called  the 
Province  of  Massachusetts  Bay,  do  hereby  solemnly  and  mutu 
ally  agree  with  each  other,  to  form  themselves  into  a  free,  sov 
ereign,  and  independent  body  politic  or  state,  by  the  name  of 
THE  COMMONWEALTH  OF  MASSACHUSETTS. 

CHAPTER    I. 

THE   LEGISLATIVE  POWER. 
SECTION  I. 

The  General  Court. 

ART.  I.     THE  department  of  legislation  shall  be  formed  by  Legislative 
two   branches,  a  Senate  and  House  of  Representatives  ;  each  depar 
of  which  shall  have  a  negative  on  the  other. 

THE  legislative  body  shall  assemble  every  year,  on  the  last  See  amend- 
Wedncsday  in  May,  and  at  such  other  times  as  they  shall  judge 
necessary  ;  and  shall  dissolve  and  be  dissolved  on  the  day  next 
preceding  the  said  last  "Wednesday  in  May  ;  and  shall  be  styled 
THE  GENERAL  COURT  OP  MASSACHUSETTS. 

II.  No  bill  or  resolve  of  the  Senate  or  House  of  Representa-  Governor's  veto. 
tives  shall  become  a  law,  and  have  force  as  such,  until  it  shall 
have  been  laid  before  the  governor  for  his  revisal ;  and  if  he, 
upon  such  revision,  approve  thereof,  he  shall  signify  his  appro 
bation  by  signing  the  same.  But  if  he  have  any  objection  to 
the  passing  of  such  bill  or  resolve,  he  shall  return  the  same, 
together  with  his  objections  thereto,  in  writing,  to  the  Senate 
or  House  of  Representatives,  in  whichsoever  the  same  shall 


14  CONSTITUTION     OF     MASSACHUSETTS. 

have  originated,  who  shall  enter  the  objections  sent  down  by 
the  governor,  at  large,  on  their  records,  and  proceed  to  recon- 
passed^by   two  sidei1  the  said  bill  or  resolve  :  but  if,  after  such  reconsideration, 
house    notwittJ  *wo  thirds  of  the  said  Senate  or  House  of  Representatives 
standing.  shall,  notwithstanding  the  said  objections,  agree  to  pass  the 

same,  it  shall,  together  with  the  objections,  be  sent  to  the  other 
branch  of  the  legislature,  where  it  shall  also  be  reconsidered, 
and  if  approved  by  two  thirds  of  the  members  present,  shall 
have  the  force  of  a  law  :  but  in  all  such  cases,  the  votes  of  both 
houses  shall  be  determined  by  yeas  and  nays  ;  and  the  names 
of  the  persons  voting  for,  or  against,  the  said  bill  or  resolve, 
shall  be  entered  upon  the  public  records  of  the  common 
wealth. 

See  amend-  AND,  in  order  to  prevent  unnecessary  delays,  if  any  bill  or 

ments,  Art.  i.  reso|ve  g^u  1]0t  ije  returned  by  the  governor  within  five  days 
after  it  shall  have  been  presented,  the  same  shall  have  the  force 
of  a  law. 

General  Court         HI.     THE  General  Court  shall  forever  have  full  power  and 

may  constitute  JT        ..  .....  ., 

judicatories,        authority  to  erect  and  constitute  judicatories  and  courts  of 
courts  of  record,  TQCQT^  or  ot]ier  courts?  to  be  held  in  the  mime  of  the  com 
monwealth,  for   the  hearing,  trying,  and   determining  of  all 
manner  of  crimes,  offences,  pleas,   processes,  plaints,  actions, 
matters,  causes,  and  things,  whatsoever,  arising  or  happening 
within  the  commonwealth,  or  between  or  concerning  persons 
inhabiting,  or  residing,  or  brought  within  the  same  ;  whether 
the  same  be  criminal  or  civil,  or  whether  the  said  crimes  be 
capital  or  not  capital,  and  whether  the  said  pleas  be  real,  per 
sonal,  or  mixed  :  and   for  the  awarding  and  making  out  of 
execution    thereupon  :    ro  which  courts   and   judicatories   are 
hereby  given  and  granted  full  power  and  authority,  from  time 
admS'ster'' may  *°  time,  to  administer  oaths  or  affirmations,  for  the  better  dis- 
oaths-  co very  of  truth  iu   any  matter  in   controversy,  or  depending 

before  them. 


General     Court      jy.     j^ND  further,  full  power  and  authority  are  hereby  given 

may  enact  laws, 

&c.,  and  granted  to  the  said  General  Court,  from  time  to  time,  to 

make,  ordain,  and  establish  all  manner  of  wholesome  and  rea 
sonable  orders,  laws,  statutes,  and  ordinances,  directions,  and 
instructions,  either  with  penalties  or  without,  so  as  the  same 

not  repugnant  to  ,  ,...'. 

the  constitution;  be  not  repugnant  or  contrary  to  this  constitution,  as  they  shall 
judge  to  be  for  the  good  and  welfare  of  this  commonwealth, 
and  for  the  government  and  ordering  thereof,  and  of  the  sub- 


CONSTITUTION     OF     MASSACHUSETTS. 

jccts  of  the  same,  and  for  the  necessary  support  and  defence 

of  the  government  thereof  ;  and  to  name  and  settle  annually,  the7  Section  or 


or  provide  by  fixed  laws  for  the  naming  and  settling,  all  civil  o 
officers  within  the  said  commonwealth,  the  election  and  consti 
tution  of  whom  are  not  hereafter  in  this  form  of  government 
otherwise  provided  for  ;  and  to  set  forth  the  several  duties  prescribe  their 

'  duties  ; 

powers,  and  limits,  of  the  several  civil  and  military  officers  of 
this  commonwealth,  and  the  forms  of  such  oaths  or  affirmations 
as  shall  be  respectively  administered  unto  them  for  the  execu 
tion  of  their  several  offices  and  places,  so  as  the  same  be  not 
repugnant  or  contrary  to  this  constitution  ;  and  to  impose  and  impose  taxes; 
levy  proportional  and  reasonable  assessments,  rates,  and  taxes 
upon  all  the  inhabitants  of,  and  persons  resident,  and  estates 
lying,  within  the  said  commonwealth  :  and  also  to  impose  and 

duties  and  ex- 

levy  reasonable  duties  and  excises  upon  any  produce,  goods,  cises; 
wares,  merchandise,  and  commodities  whatsoever,  brought  into, 
produced,  manufactured,  or  being  within  the  same  •  to  be  issued 
and  disposed  of  by  warrant,  under  the  hand  of  the  governor 
of  this  commonwealth  for  the  time  being,  with  the  advice  and  fy^^^ 
consent  of  the  Council,  for  the  public  service,  in  the  necessary  tection,  &c. 
defence  and  support  of  the  government  of  the  said  common 
wealth,  and  the  protection  and  preservation  of  the  subjects 
thereof,  according  to  such  acts  as  are  or  shall  be  in  force  with 
in  the  same. 

AND  while  the  public  charges  of  government,  or  any  part  Valuation  of 
thereof,  shall  be  assessed  on  polls  and  estates,  in  the  manner  y 
that  has  hitherto  been  practised,  in  order  that  such  assessments  whUe>  &c 
may  be  made  with  equality,  there  shall  be  a  valuation  of  es 
tates  within  the  commonwealth,  taken  anew  once  in  every  ten 
years  at  least,  and  as  much  oftener  as  the  General  Court  shall 
order. 


CHAPTER  I. 

SECTION  H. 

Senate. 


ART.  I.    THERE  shall  be  annually  elected,  by  the  freeholders  Senate,  number 
and  other  inhabitants  of  this  commonwealth,  qualified  as  in  elected.  y 
this  constitution  is  provided,  forty  persons  to  be  counsellors 


16  CONSTITUTION     OF     MASSACHUSETTS. 

and  senators,  for  the  year  ensuing  their  election  ;  to  be  chosen 
by  the  inhabitants  of  the  districts,  into  which  the  common 
wealth  may  from  time  to  time  be  divided  by  the  General  Court 
for  that  purpose  :  and  the  General  Court,  in  assigning  the 
numbers  to  be  elected  by  the  respective  districts,  shall  govern 
themselves  by  the  proportion  of  the  public  taxes  paid  by  the 
said  districts  ;  and  timely  make  known  to  the  inhabitants  of 
the  commonwealth  the  limits  of  each  district,  and  the  number 
of  counsellors  and  senators  to  be  chosen  therein  ;  provided, 
that  the  number  of  such  districts  shall  never  be  less  than  thir 
teen  ;  and  that  no  district  be  so  large  as  to  entitle  the  same  to 
choose  more  than  six  senators. 


Counties  to  be         ^ND  -^g  geyeraj  counties  in  this  commonwealth  shall,  until 

districts  until, 

&c.  the  General  Court  shall  determine  it  necessary  to  alter  the  said 

districts,  be  districts  for  the  choice  of  counsellors  and  senators, 
(except  that  the  counties  of  Dukes  county  and  Nantucket  shall 
form  one  district  for  that  purpose,)  and  shall  elect  the  following 
number  for  counsellors  and  senators,  viz.  :  — 


Suffolk six. 

Essex six. 

Middlesex five. 

Hampshire four. 

Plymouth three. 

Barns  table one. 

Bristol  .  .  three. 


York two. 

Dukes  county  and ) 
Nantucket         $  ' 

Worcester five. 

Cumberland one. 

Lincoln one. 

Berkshire  .  .  two. 


Manner  and  time      jj.     THE  Senate  shall  be  the  first  branch  of  the  legislature  ; 

of   choosing  sen 
ators  and  coun-  and  the  senators  shall  be  chosen  in  the  following  manner,  viz. : 

there  shall  be  a  meeting  on  the  first  Monday  in  April  annually, 

See    amend-  „  r»     i       •    -i     i  •     ^  n  • 

ments,  Art.  forever,  oi  the  inhabitants  ol  each  town  in  the  several  counties 
of  this  commonwealth,  to  be  called  by  the  selectmen,  and 
warned  in  due  course  of  law,  at  least  seven  days  before  the 
first  Monday  in  April,  for  the  purpose  of  electing  persons  to 
See  amend  ^e  sena^°rs  an(l  counsellors  ;  and  at  such  meetings  every  male 
ments,  Art.  in.  inhabitant  of  twenty-one  years  of  age  and  upwards,  having  a 
freehold  estate,  within  the  commonwealth,  of  the  annual  in- 
come  of  three  pounds,  or  any  estate  of  the  value  of  sixty 
pounds,  shall  have  a  right  to  give  in  his  vote  for  the  senators 
for  the  district  of  which  he  is  an  inhabitant.  And  to  remove 
all  doubts  concerning  the  meaning  of  the  word  "  inhabitant," 

Word  "inhab-      .  .  ° 

itant "  defined,  in  this  constitution,  every  person  shall  be  considered  as  an 
inhabitant,  for  the  purpose  of  electing  and  being  elected  into 
any  office,  or  place  within  this  state,  in  that  town,  district,  or 
plantation,  where  he  dwelleth,  or  hath  his  home. 


CONSTITUTION     OF     MASSACHUSETTS.  17 

THE  selectmen  of  the  several  towns  shall  preside  at  such  Selectmen  to 
meetings  impartially,  and   shall  receive  the  votes  of  all  the  meetings, 
inhabitants  of  such  towns  present  and  qualified  to  vote  for 
senators,  and  shall  sort  arid  count  them  in  open  town  meeting, 
and  in  presence  of  the  town  clerk,  who  shall  make  a  fair  rec 
ord,  in  presence  of  the  selectmen,  and  in  open  town  meeting.  Retum  of  votes, 
of  the  name  of  every  person  voted  for,  and  of  the  number  of 
votes  against  his  name  ;  and  a  fair  copy  of  tills  record   shall 
be  attested  by  the  selectmen  and  the  town  clerk,  and  shall  be 
sealed  up,  directed  to  the  secretary  of  the  commonwealth  for 
the  time  being,  with  a  superscription  expressing  the  purport 
of  the  contents   thereof,  and  delivered  by  the  town  clerk  of 
such  towns  to  the  sheriff  of  the  county  in  which  such  town  lies,  ^eeent^°f"n 
thirty  days  at  least  before  the  last  Wednesday  in  May  annu-  audx. 
ally  ;  or  it  shall  be  delivered  into  the  secretary's  office  seven 
teen  clays  at  least  before  the  said  last  Wednesday  in  May  ; 
and  the  sheriff  of  eacli  county  shall  deliver  all  such  certificates, 
by  him  received,  into  the  secretary's  office,  seventeen  days  be 
fore  the  said  last  Wednesday  in  May. 

AXD  the  inhabitants  of  plantations  unincorporated,  qualified  inhabitants  of 

unincorporated 

as  tins  constitution  provides,  who  are  or  shall  be  empowered  plantations, 
and  required  to  assess  taxes  upon  themselves  toward  the  sup-  taxesTmay^ote. 
port  of  government,  shall  have  the  same  privilege  of  voting 
for  counsellors  and  senators,  in  the  plantations  where  they  re 
side,  as  town  inhabitants  have  in  their  respective  towns  ;  and 
the  plantation  meetings  for  that  purpose  shall  be  held  annually  ^Sn^T 
ou  the  same  first  Monday  in  April,  at  such  place  in  the  planta-  See  amend- 
tions  respectively  as  the  assessors  thereof  shall  direct  ;  which  m  lt3'  Alt'  X* 
assessors  shall  have  like  authority  for  notifying  the  electors,  Assessors  to 
collecting  and  returning  the  votes,  as  the  selectmen  and  town  notlfy»&c- 
clerks  have  in  their  several  towns,  by  this  constitution.     And 
•all  other  persons  living  in  places  unincorporated,  (qualified  as 
aforesaid,)  who  shall  be  assessed  to  the  support  of  government, 
by  the  assessors  of  an  adjacent  town,  shall  have  the  privilege 
of  giving  in  their  votes  for  counsellors  and  senators,  in  the 
town  where  they  shall  be  assessed,  and  be  notified  of  the  place 
of  meeting  by  the  selectmen  of  the  town  where  they  shall  be 
assessed,  for  that  purpose,  accordingly. 

III.     AND  that  there  may  be  a  due  convention  of  senators  Governor  and 
on  the  last  Wednesday  in  May  annually,  the  governor,  with  SnS^T" 
five  of  the  Council,  for  the  time  being,  shall,  as  soon  as  may 
be,  examine  the  returned  copies  of  such  records  ;  and  fourteen 
3 


CONSTITUTION     OF     MASSACHUSETTS. 


i>    am  end - 
:-uts,  Art.  X. 


Senate  to  be 
final  judge  of 
elections,  &c., 
of  their  own 
members. 

See    amend 
ments,  Art.  X. 


Vacancies,  how 
filled. 


Qualifications 
of  a  senator. 


days  before  the  said  day,  he  shall  issue  his  summons  to  such 
persons  as  shall  appear  to  be  chosen  by  a  majority  of  voters, 
to  attend  on  that  day.  and  take  their  seats  accordingly  :  pro 
vided,  nevertheless,  that  for  the  first  year,  the  said  returned 
copies  shall  be  examined  by  the  president  and  five  of  die  Coun 
cil  of  the  former  constitution  of  government  ;  and  the  said 
president  shall,  in  like  manner,  issue  his  summons  to  the  per 
sons  so  elected,  that  they  may  take  their  seats  as  aforesaid. 

IV.  THE  Senate  shall  be  the  final  judge  of  the  elections, 
returns,  and  qualifications  of  their  own  members,  as  pointed 
out  iu  the  constitution  ;  and  shall,  on  the  said  last  Wednesday 
in  May  annually,  determine  and  declare  who  are  elected  In- 
each  district  to  be  senators,  by  a  majority  of  votes :  and  in 
case  there  slic.il  not  appear  to  be  the  full  number  of  senators 
returned,  elected  by  a  majority  of  votes  for  any  district,  the 
deficiency  shall  be  supplied  in  the  following  manner,  viz.  :  The 
members  of  the  House  of  Representatives,  and  such  senators 
as  shall  be  declared  elected,  shall  take  the  names  of  such  per 
sons  as  shall  be  found  to  have  the  highest  number  of  votes  in 
such  district,  and  not  elected,  amounting  to  twice  the  number 
of  senators  wanting,  if  there  be  so  many  voted  for  ;  and,  out 
of  these,  shall  elect  by  ballot  a  number  of  senators  sufficient 
to  fill  up  the  vacancies  in  such  district  ;  and  in  this  manner  all 
such  vacancies  shall  be  filled  up  in  every  district  of  the  com 
monwealth  ;  and  in  like  manner  all  vacancies  in  the  Senate, 
arising  by  death,  removal  out  of  the  state,  or  otherwise,  shall 
be   supplied  as  soon   as   may  be   after  such  vacancies  shall 
happen. 

V.  PROVIDED,  nevertheless,  that  no  person  shall  be  capable 
of  being  elected   as  a  senator,  who  is   not  seized  in  his  own 
right  of  a  freehold,  within  this  commonwealth,  of  the  value  of 
three  hundred  pounds  at  ieasr.  or  possessed  of  personal  estate 
to  the  value  of  six  hundred  pounds  at  least,  or  of  both  to  the 
amount  of  the  same  sum,  and  who  has  not  been  an  inhabitant 
of  this  commonwealth  for  the  space  of  five  years  immediately 
preceding  his  election,  and,  at  the  time  of  his  election,  he 
shall  be  an  inhabitant  in  the  district  for  which  he  shall  be 
chosen. 


Senate  not  to         VI.     THE  Senate  shall  have  power  to  adjourn  themselves, 
thau'twoTiys.     provided  such  adjournments  do  not  exceed  two  days  at  a  time. 


CONSTITUTION    OF    MASSACHUSETTS.  19 

VII.  THE  Senate  shall  choose  its  own  president,  appoint  its  shall  choose  its 
own  officers,  and  determine  its  own  rules  of  proceeding.  tabksix'it^ruies" 

VIII.  THE  Senate  shall  be  a  court,  with  full  authority,  to  shall  try  ail 
hear  and  determine  all  impeachments  made  by  the  House  of  lmpca 
Representatives,  against  any  officer  or  officers  of  the  common 
wealth,  for  misconduct  and  mal-administration  in  their  ofiices  :  oath. 

but,  previous  to  the  trial  of  every  impeachment,  the  members 
of  the  Senate  shall  respectively  bo  sworn,  truly  and  impartially 
to  try  and  determine  the  charge  in  question,  according  to  evi 
dence.  Their  judgment,  however,  shall  not  extend  further  than 
to  removal  from  office,  and  disqualification  to  hold  or  enjoy 
any  place  of  honor,  trust,  or  profit,  under  this  commonwealth  :  Limitation  of 

sentence. 

but  the  party  so  convicted  shall  be,  nevertheless,  liable  to  in 
dictment,  trial,  judgment,  and  punishment,  according  to  the  laws 
of  the  land. 

IX.  XOT  less  than  sixteen  members  of  the   Senate  shall  Quorum. 
constitute  a  quorum  for  doing  business. 


CHAPTER    I. 

SECTION  in. 

House  of  Representatives. 

ART.  I.     THERE  shall  be,  in  the  legislature  of  this  common-  Representation 
wealth,  a  representation  of  the  people,  annually  elected,  and  °J 
founded  upon  the  principle  of  equality. 

II.     AXD   in  order  to  provide  for  a  representation  of  the  Representatives, 
citizens  of  this  commonwealth,  founded  upon  the  principle  of  by  whom choscn 
equality,  every  corporate  town,  containing  one  hundred  and 
fifty  ratable  polls,  may  elect  one  representative  ;  every  corpo 
rate  town,  containing  three  hundred  and  seventy-live  ratable 
polls,  may  elect  two  representatives  ;  every  corporate  town, 
containing  six  hundred  ratable  polls,  may  elect  three  represen 
tatives  ;  and  proceeding  in  that  manner,  making  two  hundred 
and  twenty-five  ratable  polls  the  mean  increasing  number  for 
every  additional  representative. 


20 


CONSTITUTION    OF   MASSACHUSETTS. 


Proviso  as  to  PROVIDED,  nevertheless,  that  each  town  now  incorporated, 

towns  having  . 

less  than  lob  not  having  one  hundred  and  fifty  ratable  polls,  may  elect  one 
representative  ;  but  no  place  shall  hereafter  be  incorporated 
with  the  privilege  of  electing  a  representative,  unless  there  arc 
within  the  same  one  hundred  and  fifty  ratable  polls. 

IneTn  ca^^&c0  ^ND  ^ie  House  of  Representatives  shall  have  power,  from 
time  to  time,  to  impose  fines  upon  such  towns  as  shall  neglect 
to  choose  and  return  members  to  the  same,  agreeably  to  this 
constitution. 

Expense  of  trav-      THE   expenses  of  travelling  to  the   general  assembly,  and 

oiling  to  and  \  .  .  /  ' 

from  the  General  returning  iiome,  once  in  every  session,  and  no  more,  snail  be 
paid  by  the  government,  out  of  the  public  treasury,  to  every 
member  who  shall  attend  as  seasonably  as  he  can  in  the  judg 
ment  of  the  house,  and  does  not  depart  without  leave. 


?reprfiecsaentativ0ef 


IIL  EvEI{Y  member  of  the  House  of  Representatives  shall 
be  chosen  by  written  votes  ;  and,  for  one  year  at  least  next 
preceding  his  election,  shall  have  been  an  inhabitant  of,  and 
have  been  seized  in  his  own  right  of,  a  freehold  of  the  value  of 
one  hundred  pounds,  within  the  town  he  shall  be  chosen  to 
represent,  or  any  ratable  estate  to  the  value  of  two  hundred 
pounds  ;  and  he  shall  cease  to  represent  the  said  town,  imme 
diately  on  his  ceasing  to  be  qualified  as  aforesaid. 


?voterCati°nS  °f 


See  amend- 
meats,  Art. 


n. 


^'  ^YERY  male  person,  being  twenty-one  years  of  age,  and 
resident  in  any  particular  town  in  this  commonwealth  for  the 
space  of  one  year  next  preceding,  having  a  freehold  estate, 
-^hm  the  same  town,  of  the,  annual  income  of  three  pounds, 
or  any  estate  of  the  value  of  sixty  pounds,  shall  have  a  right 
to  vote  in  the  choice  of  a  representative  or  representatives  fur 
the  said  town. 


E  members  of  the  House  of  Representatives  shall 

*• 


See  amendment,  chosen  annually  in  the  month  of  May,  ten  days  at  least  before 
the  last  Wednesday  of  that  month. 


iio-iisc  P.ions 


VI.  TUB  House  of  Representatives  shall  be  the  grand  in 
quest  of  this  commonwealth  ;  and  all  impeachments  made  by 
them  shall  be  heard  and  tried  by  the  Senate. 


niiteSeaUt0nx°onnly      VIL    ALL  monc}"  kills  sna11  originate  in  the  House  of  Rep 
resentatives     but   the   Senate   may  propose   or   concur   with 


amendments,  as  on  other  bills. 


CONSTITUTION    OF    MASSACHUSETTS.  21 

VIII.  THE  House  of  Representatives  shall  have  power  to  Not  to  adjourn 
adjourn    themselves,    provided    such    adjournment   shall   not  days. 
exceed  two  days  at  a  time. 

IX.  XOT  less  than  sixty  members  of  the  House  or  Reprc-  Quorum. 
sentatives  shall  constitute  a  quorum  for  doing  business. 

X.  THE  House  of  Representatives  shall  be  -judge  of  the  House  to  judge 

~  of  returns,  &c.  of 

returns,  elections,  and  qualifications  of  its  own  members,  as  its  own  members; 

.  ITII  i  '  1°  choose  its  of- 

pointcd  out  m  the  constitution  :  shall  choose  their  own  spea£?r,  fleers  and  estab- 
appoint  their  own  officers,  and  settle  the  rules  and  orders  of  May^punish  "for 


proceeding  in  their  own  house.     They  shall  have  authority  to  certain  offences. 

punish  by  imprisonment  every  person,  not  a  member,  who  shall 

be  guilty  of  disrespect  to  the  house,  by  any  disorderly  or  con 

temptuous  bchavio     in   its  presence  ;   or  who,  in   the  town 

where  the  General  »s  t>urt  is  sitting,  and  during  the  time  of  its 

sitting,  shall  threaten  harm  to  the  body  or  estate  of  any  of  its 

members,  for  any  thing  said  or  done  in  the  House  ;  or  who 

shall  assault  any  of  tlicm  therefor  ;  or  who  shall  assault,  or 

arrest,  any  witness,  or  other   person  ordered   to  attend  the 

House,  in  his  way  in  going  or  returning  ;  or  who  shall  rescue 

any  person  arrested  by  the  order  of  the  house. 

AND  no  member  of  the  House  of  Representatives  shall  be  Privileges  of 

-..,..  members. 

arrested,  or  held  to  bail  on  mean  process,  during  his  going  un^o, 
returning  from,  or  liis  attending,  the  general  assembly. 

XI.     THE  Senate  shall  have  the  same  powers  in  the  like  Governor  and 
cases;    and   the   governor  and   Council  shall   have  the   same  punish.  m< 
authority  to  punish  in  like  cases  :  provided,  that  no  imprison- 
oamcnt,  on  the  warrant  or  order  of  the  governor,  Council,  General  limita- 
Senatc,  or  House  of  Representatives,  for  either  of  the  above  tlon' 
described  offences,  be  for  a  term  exceeding  thirty  days. 

AXD  the  Senate  and  House  of  Representatives  may  try,  and  Triai  maybe  by 

,    .  .  ,,     .        .    ,  ,  ,         .    .,  committee,  or 

determine,  all  cases  where  their  rights  and  privileges  are  con-  otherwise. 
cerncd,  and  which,  by  the  constitution,  they  have  authority  to 
try  and  determine,  by  committees  of  their  own  mem'.-ers,  or  in 
such  other  way  as  they  may  respectively  think  best. 


22  CONSTITUTION    OF   MASSACHUSETTS. 


CHAPTER    II. 

EXECUTIVE   POWER. 

SECTION  I. 

Governor. 

Governor  ART.  I.     THERE   shall  bo  a  supreme  executive  magistrate. 

His  title.  who  shall  be  styled  —  THE  GOVERNOR  OF  THE    COM 

MONWEALTH  OF   MASSACHUSETTS  ;   and  whose  title 

shall  be—  HIS  EXCELLENCY. 

TO^HJ  chosen  an-      n.     THE  governor  shall  be  chosen  annually  ;  and  no  person 

Qualifications,     shall  be  eligible  to  this  office,  unless,  at  the  time  of  his  elec 

tion,  he  shall  have  been  an  inhabitant  of  this  commonwealth 

for  seven  years  next  preceding  ;  and  unless  he  shall,  at  the 

same  time,  be  seized,  in  his  own  right,  of  a  freehold,  within  the 

commonwealth,  of  the  value  of  one  thousand   pounds  ;   and 

meats,  Art.  VII.  unless  he  sliall  declare  himself  to  be  of  the  Christian  religion. 

By  whom  cho-      HI.    THOSE  persons  who   shall    be   qualified   to   vote  for 

sen,  if  he  have  a  ,.  .  ,  .       y,  „     .  . 

majority  of         senators  and  representatives,  within  the  several  towns  ol  this 


commonwealth,  shall,  at  a  meeting  to  be  called  for  that  pur- 
ii     P°SC3  °n  the  first  Monday  of  April  annually,  give  in  their  votes 
arjd  x-  for  a  governor,  to  the  selectmen,  who  shall  preside  at  such 

meetings  ;  and  the  town  clerk,  in  the  presence  and  with  the 
assistance  of  the  selectmen,  sliall.  in  open  town  meeting,  sort 
and  count  the  votes,  and  form  a  list  of  the  persons  voted  for, 
with  the  number  of  votes  for  each  person  against  his  name  ; 
and  shall  make  a  fair  record  of  the  same  in  the  town  books, 
and  a  public  declaration  thereof  in  the  said  meeting  ;  and 
shall,  in  the  presence  of  the  inhabitants,  seal  up  copies  of  the 
said  list,  attested  by  him  and  the  selectmen,  and  transmit  the 
same  to  the  sheriff  of  the  county,  thirty  days  at  least  before 
the  last  Wednesday  in  May  ;  and  the  sheriff  shall  transmit  the 
same  to  the  secretary's  office  seventeen  days  at  least  before  the 
said  last  Wednesday  in  May  ;  or  the  selectmen  may  cause 
returns  of  the  same  to  be  made  to  the  office  of  the  secretary 
of  the  commonwealth  seventeen  clays  at  least  before  the  said 
day  ;  and  the  secretary  shall  lay  the  same  before  the  Senate 
and  the  House  of  Representatives,  on  the  last  Wednesday  in 
7,  to  be  by  them  examined  ;  and  in  case  of  an  election  by  a 


CONSTITUTION    OF    MASSACHUSETTS.  23 

majority  of  all  the  votes  returned,  the  choice  shall  be  by  them 

declared  and  published  ;  but  if  no  person  shall  have  a  majority  How  chosen, 

of  votes,  the  House  of  Representatives  shall,  by  ballot,  elect  has  a  majority. 

two  out  of  four  persons,  who  had  the  highest  number  of  votes, 

if  so  many  shall  have  been  voted  for ;  but,  if  otherwise,  out  of 

the  number  voted  for  ;  and  make  return  to  the  Senate  of  the 

two  persons  so  elected  ;  on  which  the  Senate  shall  proceed,  by 

ballot,  to  elect  one,  who  shall  be  declared  governor. 

IY.     THE  governor  shall  have  authority  from  time  to  time,  Power  of  govcm- 

otymduf  ^overu- 

at  his  discretion,  to  assemble  and  call  together  the  counsellors  or  and  Cuuucii. 
of  this  commonwealth  for  the  time  being  ;  and  the  governor, 
with  the  said  counsellors,  or  five  of  them  at  least,  shall,  and 
may,  from  time  to  time,  hold  and  keep  a  Council,  for  the  order 
ing  and  directing  the  affairs  of  the  commonwealth,  agreeably 
to  the  constitution  and  the  laws  of  the  land. 

V.  THE  governor,  with  advice  of  Council,  shall  have  fall  Same  subject, 
power  and  authority,  during  the  session  of  the  General  Court, 

to  adjourn  or  prorogue  the  same  to  any  time  the  two  houses 
shall  desire  ;  and  to  dissolve  the  same  on  the  day  next  preced 
ing  the  last  Wednesday  in  May  ;  and,  in  the  recess  of  the  said 

See  amend- 

court,  to  prorogue  the  same  from  time  to  time,  not  exceeding  meuts,  Art.  x. 

ninety  days  in  any  one  recess ;  and  to  call  it  together  sooner 

than  the  time  to  which  it  may  be  adjourned  or  prorogued,  if 

the  welfare  of  the  commonwealth  shall  require  the  same  ;  and 

in  case  of  any  infectious  distemper  prevailing  in  the   place 

where  the  said  court  is  next  at  any  time  to  convene,  or  any 

other  cause  happening,  whereby  danger  may  arise  to  the  health 

or  lives  of  the  members  from  their  attendance,  he  may  direct 

the  session  to  be  held  at  sonic  other  the  most  convenient  place 

within  the  state. 

AND  the  governor  shall  dissolve  the  said  General  Court  on  See  amend- 

-rrr    T         -i        •  ments,  Art.  X. 

the  day  next  preceding  the  last  \V  eanesday  in  JMay. 

VI.  Ix  cases  of  disagreement  between  the  two  houses,  with  Governor  and 
regard  to  the  necessity,  expediency,  or  time  of  adjournment,  or  jo(Ca 
prorogation,  the  governor,  with  advice  of  the  Council,  shall 

havo  a  right  to  adjourn  or  prorogue  the  General  Court,  not  ceeding  90  days 
exceeding  ninety  days,  as  he  shall  determine  the  public  good 
shall  require. 

VII.  THE  governor  of  this   commonwealth,  for  the  time 

chief. 


CONSTITUTION    OF    MASSACHUSETTS. 


being,  shall  be  the  commandcr-in-chief  of  the  army  and  navy, 
and  of  all  the  military  forces  of  the  stale,  by  sea  and  land  ; 
and  shall  have  full  power,  by  himself,  or  by  any  commander,  or 
other  officer  or  officers,  from  time  to  time,  to  train,  instruct, 
exercise,  and  govern  the  militia  and  navy  ;  and,  for  the  special 
defence  and  safety  of  the  commonwealth,  to  assemble  in  mar 
tial  array,  and  put  in  warlike  posture,  the  inhabitants  thereof, 
and  to  lead  and  conduct  them,  and  with  them  to  encounter, 
repel,  resist,  expel,  and  pursue,  by  force  of  arms,  as  well  by 
se.a  as  by  land,  within  or  without  the  limits  of  this  common 
wealth,  and  also  to  kill,  slay,  and  destroy,  if  necessary,  and 
conquer,  by  all  fitting  ways,  enterprises,  and  means  whatsoever, 
all  and  every  such  person  and  persons  as  shall,  at  any  time 
hereafter,  in  a  hostile  manner,  attempt  or  enterprise  the 
destruction,  invasion,  detriment,  or  annoyance  of  this  com 
monwealth  ;  and  to  use  and  exercise,  over  *Uo  army  and  navy, 
and  over  the  militia  in  actual  service,  the  law  martial,  in  time 
of  war  or  invasion,  and  also  in  time  of  rebellion,  declared  by 
the  legislature  to  exist,  as  occasion  shall  necessarily  require ; 
and  to  take  and  surprise,  by  all  ways  and  means  whatsoever, 
all  and  every  such  person  or  persons,  with  their  ships,  arms, 
ammunition,  and  other  goods,  as  shall  in  a  hostile  manner 
invade,  or  attempt  the  invading,  conquering,  or  annoying  this 
commonwealth  ;,  and  that  the  governor  be  intrusted  with  all 
these  and  other  powers,  incident  to  the  offices  of  captain  gen 
eral  and  commander-in-chief,  and  admiral,  to  be  exercised 
agreeably  to  the  rules  and  regulations  of  the  constitution,  and 
the  laws  of  the  land,  and  not  otherwise. 

Limitation.  PROVIDED,  that  the  said  governor  shall  not,  at  any  time  here 

after,  by  virtue  of  any  power  by  this  constitution  granted,  or 
hereafter  to  be  granted  to  him  by  the  legislature,  transport  any 
of  the  inhabitants  of  this  commonwealth,  or  oblige  them  to 
march  out  of  the  limits  of  the  same,  without  their  free  and 
voluntary  consent,  or  the  consent  of  the  General  Court  ; 
except  so  far  as  may  be  necessary  to  march  or  transport  them 
by  land  or  water,  for  the  defence  of  such  part  of  the  state  to 
which  they  cannot  otherwise  conveniently  have  access. 

Governor  and          VIII.     THE  power  of  pardoning   offences,   except  such  as 

Council  may  par-  ,  .    ,     ,         ,,    ,      ,, 

don  offences,  ex-  persons  may  be  convicted   of  before   the   benate,  by  an  im- 
cept,&c.  peachment  of  the  House,  shall  be   in  the   governor,  by  and 

But  not  before  ^th  tne  advice  of  Council  ;  but  no  charter  of  pardon,  granted 
conviction.          Dy  the  governor,  with  advice  of  the  Council,  before  conviction, 


CONSTITUTION     OF    MASSACHUSETTS.  25 

shall  avail  the  party  pleading  the  same,  notwithstanding  any 
general  or  particular  expressions  contained  therein,  descriptive 
of  the  offence  or  offences  intended  to  be  pardoned. 

IX.  ALL  judicial  officers,  the  attorney  general,  the  solicitor  AH  judicial  ofl- 
general,  all  sheriffs,  coroners,  and  registers  of  probate,  shall  nominated    and 
be  nominated  and  appointed  by  the  governor,  by  and  with  the  aPP°mtet 
advice  and  consent  of  the  Council  ;  and  every  such  nomination 

shall  be  made  by  the  governor,  and  made  at  least  seven  days 
prior  to  such  appointment. 

X.  THE  captains  and  subalterns  of  the  militia  shall   be  Militia  officers, 

i  111-  r>     i  •  T       now  ciectca. 

elected   by  the  written  votes  ot  the  tram  band  and  alarm  list  See  amend- 
of  their  respective  companies,  of  twenty-one  years  of  age  and  ments'  Art-  v- 
upwards  ;  the  field  officers  of  regiments  shall  be  elected,  by 
the  written   votes   of  the   captains   and   subalterns   of   their 
respective  regiments  ;  the  brigadiers  shall  be  elected,  in  like 
manner,  by  the  field  officers  of  their  respective  brigades  ;  and  HOW  commis- 
such  officers,  so  elected,  shall  be  commissioned  by  the  governor,  £loned- 
who  shall  determine  their  rank. 

THE  legislature  shall,  by  standing  laws,  direct  the  time  and 
manner  of  convening  the  electors,  and  of  collecting  votes,  and 
of  certifying  to  the  governor  the  officers  elected. 

THE  major  generals  shall  be  appointed  by  the  Senate  and  Major  generals, 

IT  '-r,  .  ,  .  now  appointed 

House  ol   .Representatives,  each  having  a  negative  upon  tne  and  commis- 
other  ;  and  be  commissioned  by  the  governor. 

AND  if  the  electors  of  brigadiers,  field  officers,  captains  or  vacancies,   how 
subalterns,  shall  neglect  or  refuse  to  make  such  elections,  after  |^ed>    m   case> 
being  duly  notified,  according  to  the  laws  for  the  time  being, 
then    the    governor,   with  advice  of   Council,   shall   appoint 
suitable  persons  to  fill  such  offices. 

AND  no  officer,  duly  commissioned  to  command  in  the  militia,  officers,  duly 
shall  be  removed  from  his  office,  but  by  the  address  of  both 
houses   to  the  governor,  or  by  fair    trial   in    court   martial, 
pursuant  to  the  laws  of  the  commonwealth  for  the  time  being. 

THE  commanding  officers  of  regiments  shall  appoint  their  Adjutants,  &c. 
adjutants  and  quarter  masters ;  the  brigadiers  their  brigade  hl 
majors  ;  and  the  major  generals  their  aids  ;  and  the  governor 
shall  appoint  the  adjutant  general. 

THE  governor,  with  advice  of  Council,  shall  appoint  all  offi 
cers  of  the  continental  army,  whom  by  the  confederation  of  the 
United  States  it  is  provided  that  this  commonwealth  shall 
appoint,  —  as  also  all  officers  of  forts  and  garrisons. 
4 


26  CONSTITUTION    OF     MASSACHUSETTS. 

Cr-.-y  hatiou  of  THE  divisions  of  the  militia  into  brigades,  regiments,  and 
companies,  made  in  pursuance  of  the  militia  laws  now  in  force, 
shall  be  considered  as  the  proper  divisions  of  the  militia  of 
this  common  wealth,  until  the  same  shall  be  altered  in  pursuance 
of  some  future  law. 

Mor.py,  how  XI.     No  monevs  shall  be  issued  out  of  the  treasurv  of  this 

drawn    from   the  _   ,        *  ,     , .  ,        „   , 

treasury,  except,  commonwealth  and  disposed  ot  (except  such  sums  as  may  be 
appropriated  for  the  redemption  of  bills  of  credit  or  treas 
urer's  notes,  or  for  the  payment  of  interest  arising  thereon)  but 
by  warrant  under  the  hand  of  the  governor  for  the  time  being, 
with  the  advice  and  consent  of  the  Council,  for  the  necessary 
defence  and  support  of  the  commmonwealth,  and  for  the  pro 
tection  and  preservation  of  the  inhabitants  thereof,  agreeably 
•  to  the  acts  and  resolves  of  the  General  Court. 

Aiinnhrc  XII.     ALL  public  boards,  the  commissary  general,  all  super- 

m-ike  quaVteriy  intending  officers  of  public  magazines  and  stores,  belonging  to 
this  commonwealth,  and  all  commanding  officers  of  forts  and 
garrisons  within  the  same,  shall,  once  in  every  three  months, 
officially  and  without  requisition,  and  at  other  times,  when 
required  by  the  governor,  deliver  to  him  an  account  of  all 
goods,  stores,  provisions,  ammunition,  cannon  with  their  append 
ages,  and  small  arms  with  their  accoutrements,  and  of  ail  other 
public  property  whatever  under  their  care  respectively  ;  distin 
guishing  the  quantity,  number,  quality,  and  kind  of  each,  as  par 
ticularly  as  may  be ;  together  with  the  condition  of  such  forts 
and  garrisons  ;  and  the  said  commanding  officer  shall  exhibit  to 
the  governor,  when  required  by  him,  true  and  exact  plans  of  such 
forts,  and  of  the  land  and  sea.  or  harbor  or  harbors  adjacent. 

AND  the  said  boards,  and  all  public  officers,  shall  communi 
cate  to  the  governor,  as  soon  as  may  be  after  receiving  the 
same,  all  letters,  despatches,  and  intelligences  of  a  public 
nature,  which  shall  be  directed  to  them  respectively. 

emo7  °f  8°*~  ^III.  As  the  public  good  requires  that  the  governor  should 
not  be  under  the  undue  influence  of  any  of  the  members  of  the 
General  Court,  by  a  dependence  on  them  for  his  support  — 
that  he  should,  in  all  cases,  act  with  freedom  for  the  benefit  of 
the  public  —  that  he  should  not  have  his  attention  necessarily 
diverted  from  that  object  to  his  private  concerns  —  and  that  he 
should  maintain  the  dignity  of  the  commonwealth  in  the  char 
acter  of  its  chief  magistrate — it  is  necessary  that  he  should 


CONSTITUTION    OF    MASSACHUSETTS.  27 

have  an  honorable  stated  salary,  of  a  fixed  and  permanent 
value,  amply  sufficient  for  those  purposes,  and  established  by 
standing  laws  :  and  it  shall  be  among  the  first  acts  of  the 
General  Court,  after  the  commencement  of  this  constitution, 
to  establish  such  salary  by  law  accordingly. 

PERMANENT  and  honorable  salaries  shall  also  be  established  Sniancs^of  jus- 
by  law  for  the  justices  of  the  Supreme  Judicial  Court.  Judicial  Court. 

AND  if  it  shall  be  found,  that  any  of  the  salaries  aforesaid, 
BO  established,  are  insufficient,  they  shall,  from  time  to  time,  be  iargedC,Sif°iiisuffi^ 
enlarged,  as  the  General  Court  shall  judge  proper.  went- 


CHAPTER   II. 

SECTION  II. 
Lieutenant  Governor. 

ART.  I.     THERE    shall    be    annually   elected   a    lieutenant  Lieutenant  goy- 
govcrnor  of  the  commonwealth  of  Massachusetts,  whose  title  and  qualiflca 
shall  be —  HIS  HONOR ;  and  who  shall  be  qualified,  in  point  tion3' 
of  religion,  property,  and  residence  in  the  commonwealth,  in  See  ainra^ 
tho  same  manner  with  the  governor  ;  and  the  day  and  manner  yf^/x'' 
of  his  election,  and  the  qualifications  of  the  electors,  shall  be 
the  same  as  are  required  in  the  election  of  a  governor.     The  HOW  chosen, 
return  of  the  votes  for  this  officer,  and  the  declaration  of  his 
election,  shall  be  in  the  same  manner  ;  and  if  no  one  person 
shall  be  found  to  have  a  majority  of  all  the  votes  returned,  the 
vacancy  shall  be  filled  by  the  Senate  and  House  of  Represen 
tatives,  in  the  same  manner  as  the  governor  is  to  be  elected, 
in  case  no  one  person  shall  have  a  majority  of  the  votes  of 
the  people  to  be  governor. 

II.  TITE  governor,  and  in  his  absence  the  lieutenant  gov-  President  of 
ernor,  shall  be  president  of  the  Council,  but  shall  have  no  vote 

in  Council;  and    the   lieutenant   governor  shall  always  be  a  ^einberTf^cx- 
mcmber  of  the  Council,  except  when  the  chair  of  the  governor  ceijt>  &c- 
shall  be  vacant. 

III.  WHENEVER  the  chair  of  the  governor  shall  be  vacant,  Lieutenant  ?*ov- 
by  reason  of  his  death,  or  absence  from  the  commonwealth,  or  ^go^ernorrii 
otherwise,  the  lieutenant  governor,  for  the  time  being,  shall,  cabe'^0- 


CONSTITUTIONS     OF     MASSACHUSETTS. 

during  such  vacancy,  perform  all  the  duties  incumbent  upon  the 
governor,  and  shall  have  and  exercise  all  the  powers  and  au 
thorities  which,  by  this  constitution,  the  governor  is  vested 
with,  when  personally  present. 


Council 


Number  ;    from 
whom  and  how 
chosen. 
See  amend 
ments,  Art.  X. 


If  senators  be 
come  counsel 
lors  their  seats 
to  be  vacated. 


CHAPTER    II. 

SECTION  III. 
Council,  and  the  Marnier  of  settling  Elections  by  the  Legislature. 

ART.  I.  THERE  shall  be  a  Council  for  advising  the  governor 
in  the  executive  part  of  the  government,  to  consist  of  nine  per 
sons  besides  the  lieutenant  governor,  whom  the  governor,  for 
the  time  being,  shall  have  full  power  and  authority,  from  time 
to  time,  at  his  discretion,  to  assemble  and  call  together  ;  and 
the  governor,  with  the  said  counsellors,  or  five  of  them  at  least, 
shall  and  may,  from  time  to  time,  hold  and  keep  a  Council,  for 
the  ordering  and  directing  the  affairs  of  the  commonwealth, 
according  to  the  laws  of  the  land. 

II.  NINE  counsellors  shall  be  annually  chosen  from  among 
the  persons  returned  for  counsellors  and  senators,  on  the  last 
Wednesday  in  May,  by  the  joint  ballot  of  the  senators  and 
representatives  assembled  in  one  room  ;  and  in  case  there  shall 
not  be  found,  upon  the  first  choice,  the  whole  number  of  nine 
persons  who  will  accept  a  seat  in.  the  Council,  the  deficiency 
shall  be  made  up  by  the  electors  aforesaid  from  among  the 
people  at  large  ;  and  the  number  of  senators  left,  shall  consti 
tute  the  Senate  for  the  year.  The  seats  of  the  persons  thus 
elected  from  the  Senate,  and  accepting  the  trust,  shall  be  va 
cated  in  the  Senate. 


ft^k  of  counsel-      HI.     THE  counsellors,  in  the  civil  arrangements  of  the  com 
monwealth,  shall  have  rank  next  after  the  lieutenant  governor. 


No   district  to 
have  more  than 

tw°-  any  one  district  of  this  commonwealth. 


Register  of 
Council. 


IV.  NOT  more  than  two  counsellors  shall  be  chosen  out  of 
y  one  district  of  this  commonwealth. 

V.  THE  resolutions  and  advice,  of  the  Council  shall  be  re- 


CONSTITUTION     OF     MASSACHUSETTS.  29 

corded  in  a  register,  and  signed  by  the  members  present ;  and 
this  record  may  be  called  for  at  any  time  by  either  house  of  the 
legislature  ;  and  any  member  of  the  Council  may  insert  his 
opinion  contrary  to  the  resolution  of  the  majority. 

VI.  WHENEVER  the  office  of  the  governor  and  lieutenant  Council  to  exer- 
governor  shall  be  vacant,  by  reason  of  death,  absence,  or  oth-  S%ovenior,Win 
erwise,  then  the  Council,  or  the  major  part  of  them,  shall,  dur-  case'  &c* 

ing  such  vacancy,  have  full  power  and  authority  to  do,  and  ex 
ecute,  all  and  every  such  acts,  matters,  and  things,  as  the  gov 
ernor  or  the  lieutenant  governor  might  or  rould,  by  virtue  of 
this  constitution,  do  or  execute,  if  they,  or  either  of  them,  were 
personally  present. 

VII.  AND  whereas  the  elections  appointed  to  be  made  by  Elections  may  be 
this  constitution,  on  the  last  Wednesday  in  May  annually,  by  jgoumed» untiL 
the  two  houses  of  the  legislature,  may  not  be  completed  on 

that  day,  the  said  elections  may  be  adjourned  from  day  to  day, 

until  the  same  shall  be  completed.     And  the  order  of  elections  Order  thereof. 

shall  be  as  follows  :  the  vacancies  in  the  Senate,  it'  any,  shall 

first  be  filled  up  ;  the  governor  arid  lieutenant  governor  shall 

then  be  elected,  provided  there  should  be  no  choice  of  them 

by  the  people  ;  and  afterwards  the  two  houses  shall  proceed  to 

the  election  of  the  Council. 


CHAPTER    II. 

SECTION  IV. 

Secretary,  Treasurer,  Commissary,  fyc. 
ART.  I.     THE  secretary,  treasurer  and  receiver  general,  and  Secretary,  x-c. , 

.  .  .  by    whom    and 

the  commissary  general,  notaries   public,  and  naval  officers,  how  chosen. 
shall  be  chosen  annually  by  joint  ballot  of  the  senators  and  See  amend- 

J       J    J  ments,  Art,  R . 

representatives  in  one  room  ;  and,  that  the  citizens  oi  this 
commonwealth  may  be  assured,  from  time  to  time,  that  the 
moneys  remaining  in  the  public  treasury,  upon  the  settlement 

1  x     .  .  Treasurer,  inel 

and  liquidation  of  the  public  accounts,  are  their  property,  no  igibie  for  more 

?     11    i         i>    M  i  T  •  i    "  than   five   suc- 

man  shall  be  eligible  as  treasurer  and  receiver  general  more  ccssii 
than  five  years  successively. 


;ive  vears. 


so 


CONSTITUTION     OF     MASSACHUSETTS. 


Secretary  to 
keep  records, 
to  attend  the 
governor  and 
Council,  &c. 


II.  THE  records  of  the  commonwealth  shall  be  kept  in  the 
office  of  the  secretary,  who  may  appoint  his  deputies,  for  whose 
conduct  he  shall  be  accountable,  a^d  he  shall  attend  the  gov 
ernor  and  Council,  the  Senate  and  House  of  Representatives, 
in  person,  or  by  his  deputies,  as  they  shall  respectively  require. 


CHAPTER    III. 


JUDICIARY  POWER. 


Temive  of  all 
commissioned  • 
officers   to  be 
expressed. 
Judiciu.1  officers 
to  hold    office  ' 
during  good  be 
havior,  except, 
&c. 

But  may  be  re 
moved  on  ad 
dress. 


ART.  I.  THE  tenure,  that  all  commission  officers  shall  by 
law  have  in  their  offices,  shall  be  expressed  in  their  respective 
commissions.  All  judicial  officers,  duly  appointed,  commis 
sioned,  and  sworn,  shall  hold  their  offices  during  good  be 
havior,  excepting  such  concerning  whom  there  is  different 
provision  made  in  this  constitution  ;  provided,  nevertheless, 
the  governor,  with  consent  of  the  Council,  may  remove  them 
upon  the  address  of  both  houses  of  the  legislature. 


Justices  of  Su 
preme  Judicial 
Court  to  give 
opinions  when 
required. 


II.  EACH  branch  of  the  legislature,  as  well  as  the  governor 
and  Council,  shall  have  authority  to  require  the  opinions  of  the 
justices  of  the  Supreme  Judicial  Court,  upon  important  ques 
tions  of  law,  and  upon  solemn  occasions. 


Justices  of  the 
peace ;  tenure 
of  their  office. 


III.  IN  order  that  the  people  may  not  suffer  from  the  long 
continuance  in  place  of  any  justice  of  the  peace,  who  shall  fail 
of  discharging  the  important  duties  of  his  office  with  ability 
or  fidelity,  all  commissions  of  justices  of  the  peace  shall  expire 
and  become  void  in  the  term  of  seven  years  from  their  respec 
tive  dates  ;  and,  upon  the  expiration  of  any  commission,  the 
same  may,  if  necessary,  be  renewed,  or  another  person  appoint 
ed,  as  shall  most  conduce  to  the  well  being  of  the  common 
wealth. 


Provisions   for 
"holding  Probate 
Courts. 


IV.  THE  judges  of  probate  of  wills,  and  for  granting  let 
ters  of  administration,  shall  hold  their  courts  at  such  place  or 
places,  on  fixed  days,  as  the  convenience  of  the  people  shall 
require  ;  and  the  legislature  shall,  from  time  to  time  hereafter, 
appoint  such  times  and  places  ;  until  which  appointments,  the 


31 


CONSTITUTION     OF     MASSACHUSETTS. 

said  courts  shall  be  holden  at  the  times  and  places  which  the 
respective  judges  shall  direct. 

V.  ALL  causes  of  marriage,  divorce,  and  alimony,  and  all  Provisions  for 
appeals  from  the  judges  of  probate,  shall  be  heard  and  deter-  causeaof "mar- 
mined  by  the  governor  and  Council,  until  the  legislature  shall,  *^c>  divorce' 
by  law,  make  other  provision. 


CHAPTER  IV. 

DELEGATES  TO   CONGRESS. 

THE  delegates  of  this  commonwealth  to  the  Congress  of  the 
United  States  shall,  some  time  in  the  month  of  June,  annually, 
be  elected  by  the  joint  ballot  of  the  Senate  and  House  of  Rep 
resentatives,  assembled  together  in  one  room  ;  to  serve  in 
Congress  for  one  year,  to  commence  on  the  first  Monday  in 
November  then  next  ensuing.  They  shall  have  commissions 
under  the  hand  of  the  governor,  and  the  great  seal  of  the  com 
monwealth,  but  may  be  recalled  at  any  time  within  the  year, 
and  others  chosen  and  commissioned,  in  the  same  manner,  in 
their  stead. 


CHAPTER    V. 

THE   UNIVERSITY   AT   CAMBRIDGE,   AND   ENCOURAGEMENT   OP 
LITERATURE,   &C. 

SECTION  I. 

The  University. 

ART.  I.     WHEREAS  our  wise  and  pious  ancestors,  so  early  as  Harvard 
the  year  one  thousand  six  hundred  and  thirty-six,  laid  the 
foundation  of  Harvard  College,  in  which  university  many  per 
sons  of  great  eminence  have,  by  the  blessing  of  GOD,  been 


.32  CONSTITUTION     OF     MASSACHUSETTS. 

initiated  in  those  arts  and  sciences  which  qualified  them  for 

public  employments,  both  in   church  and  state  ;  and  whereas 

the  encouragement  of  arts  and  sciences,  and  all  good  literature, 

tends  to  the  honor  of  GOD,  the  advantage  of  the   Christian 

religion,  and   the  great  benefit  of  this  and  the  other  United 

States  of  America.  —  it  is  declared,  that  the  PRESIDENT  AND 

ac^M^o'f       FELLOWS  OF  HARVARD    COLLEGE,  in  their  corporate 

the  president       capacity,  an d   their  successors  in  that  capacity,  their  officers 

and    fellows  "         J '  .  . 

confirmed.  and  servants,  shall  have,  hold,  use,  exercise,  and  enjoy,  all  the 

powers,  authorities,  rights,  liberties,  privileges,  immunities,  and 
franchises,  which  they  now  have,  or  are  entitled  to  have,  hold, 
use,  exercise,  and  enjoy ;  and  the  same  are  hereby  ratified  and 
confirmed  unto  them,  the  said  president  and  fellows  of  Harvard 
College,  and  to  their  successors,  and  to  their  officers  and  ser 
vants,  respectively,  forever. 

II.  AND  whereas  there  have  been,  at  sundry  times,  by  divers 
persons,  gifts,  grants,  devises  of  houses,  lands,  tenements,  goods, 
chattels,  legacies,  and  conveyances,  heretofore  made,  either  to 
Harvard  College  in   Cambridge,  in  New  England,  or  to  the 
president  and  fellows  of  Harvard  College,  or  to  the  said  college 
by  some  other  description,  under  several  charters  successively  ; 

&c.,gconnrmed.s'  it  is  declared,  that  all  the  said  gifts,  grants,  devises,  legacies, 
arid  conveyances,  are  hereby  forever  confirmed  unto  the  presi 
dent  and  fellows  of  Harvard  College,  and  to  their  successors, 
in  the  capacity  aforesaid,  according  to  the  true  intent  and 
meaning  of  the  donor  or  donors,  grantor  or  grantors,  devisor 
or  devisors. 

III.  AND  whereas  by  an  act  of  the  General  Court  of  the 
colony  of  Massachusetts  Bay,  passed  in  the  year  one  thousand 
six  hundred  and  forty-two,  the  governor  and  deputy  governor, 
for  the  time  being,  and  all  the  magistrates  of  that  jurisdiction, 
were,  with  the  president,  and  a  number  of  the  clergy  in  the 

mo  shall  be       said  act  described,  constituted  the  overseers  of  Harvard  Col- 
overseers.  . 

lege  ;  and  it  being  necessary,  in  this  new  constitution  of  gov 
ernment,  ^o  ascertain  who  shall  be  deemed  successors  to  the 
said  governor,  deputy  governor,  and  magistrates  ;  it  is  de 
clared,  that  the  governor,  lieutenant  governor,  Council,  and 
Senate  of  this  commonwealth  are,  and  shall  be  deemed,  their 
successors ;  who,  with  the  president  of  Harvard  College,  for 
the  time  being,  together  with  the  ministers  of  the  congrega 
tional  churches  in  the  towns  of  Cambridge,  Watertown, 


CONSTITUTION    OF    MASSACHUSETTS.  33 

Charlestown,  Boston,  Roxbury,  and  Dorchester,  mentioned  in 
the  said  act,  shall  be,  and  hereby  are,  vested  with  all  the  pow 
ers  and  authority  belonging,  or  in  any  way  appertaining,  to  the 
overseers  of  Harvard  College  ;  provided,  that  nothing  herein  Power  of  aitera- 
shall  be  construed  to  prevent  the  legislature  of  this  common-  the  legislature/ 
wealth  from  making  such  alterations  in  the  government  of  the 
said  university,  as  shall  be  conducive  to  its  advantage,  and  the 
interest  of  the  republic  of  letters,  in  as  full  a  manner  as  might 
have  been  done  by  the  legislature  of  the  late  province  of  the 
Massachusetts  Bay. 


CHAPTER   V. 

SECTION  n. 
T/ie  Encouragement  of  Literature,  fyc. 

WISDOM  and  knowledge,  as  well  as  virtue,  diffused  generally 
among  the  body  of  the  people,  being  necessary  for  the  preser 
vation  of  their  rights  and  liberties,  and  as  these  depend  on 
spreading  the  opportunities  and  advantages  of  education  in  the 
various  parts  of  the  country,  and  among  the  different  orders  Duty  of  legisia- 
of  the  people,  it  shall  be  the  duty  of  legislatures  and  rnagis-  tnltes^n  5 
trates,  in  all  future  periods  of  this  commonwealth,  to  cherish  ture  Penoda- 
the  interests  of  literature  and  the  sciences,  and  all  seminaries 
of  them ;  especially  the  university  at  Cambridge,  public 
schools,  and  grammar  schools  in  the  towns ;  to  encourage 
private  societies  and  public  institutions,  rewards  and  immu 
nities,  for  the  promotion  of  agriculture,  arts,  sciences,  com 
merce,  trades,  manufactures,  and  a  natural  history  of  the 
country,  to  countenance  and  inculcate  the  principles  of 
humanity  and  general  benevolence,  public  and  private  charity, 
industry  and  frugality,  honesty  and  punctuality  in  their  deal 
ings  ;  sincerity,  good  humor,  and  all  social  affections,  and 
generous  sentiments  among  the  people. 
5 


34  CONSTITUTION    OF   MASSACHUSETTS, 

CHAPTER   VI. 

OATHS    AND    SUBSCRIPTIONS  ;     INCOMPATIBILITY    OF    AND    EXCLU- 

CATIONS ;  COMMIS- 
HABEAS  CORPUS ; 
THE  ENACTING  STYLE  ;  CONTINUANCE  OP  OFFICERS  ;  PROVISION 
FOR  A  FUTURE  REVISAL  OF  THE  CONSTITUTION.  &C. 

ART.  I.  ANY  person  cliosen  governor,  lieutenant  governor, 
counsellor,  senator,  or  representative,  and  accepting1  the  trust, 
shall,  before  he  proceed  to  execute  the  duties  of  his  "place  or 
office,  make  and  subscribe  the  following  declaration,  viz.  :  — 

See  amend-  "I  A.  B.,  do  declare,  that  I  believe  the  Christian  religion, 

.  meats,  Art.  VII.  .          „  ., 

and  have  a  firm  persuasion  of  its  truth ;  and  tuat  I  am  seized 

and  possessed,  in  my  own  right,  of  the  property  required  by 
the  constitution  as  one  qualification  for  the  office  or  place  to 
which  I  am  elected." 

AND  the  governor,  lieutenant  governor,  and  counsellors, 
shall  make  and  subscribe  the  said  declaration,  in  the  presence 
of  the  two  houses  of  assembly  ;  and  the  senators  and  repre 
sentatives,  first  elected  under  this  constitution,  before  the 
president  and  five  of  the  Council  of  the  former  constitution, 
and  forever  afterwards,  before  the  governor  and  Council  for 
the  time  being. 

AND  every  person,  chosen  to  either  of  the  places  or  offices 
aforesaid,  as  also  any  person  appointed  or  commissioned  to  any 
judicial,  executive,  military,  or  other  office  under  the  govern 
ment,  shall,  before  he  enters  on  the  discharge  of  the  business 
of  his  place  or  oifice,  take  and  subscribe  the  following  declara 
tion,  and  oaths  or  affirmations,  viz.  :  — 

See  amendment,  "  I,  A.  B.,  do  truly  and  sincerely  acknowledge,  profess,  testify, 
and  declare,  that  the  commonwealth  of  Massachusetts  is,  and 
of  right  ought  to  be,  a  free,  sovereign,  and  independent  state  ; 
and  I  do  swear,  that  I  will  boar  true  faith  and  allegiance  to 
the  said  commonwealth,  and  that  I  will  defend  the  same  against 
traitorous  conspiracies  and  all  hostile  attempts  whatsoever  ; 
and  that  I  do  renounce  and  abjure  all  allegiance,  subjection, 
arid  obedience  to  the  king,  queen,  or  government  of  Great 
Britain,  (as  the  case  may  be,)  and  every  other  foreign  power 
whatsoever  ;  and  that  no  foreign  prince,  person,  prelate,  state, 
or  potentate  hath,  or  ought  to  have,  any  jurisdiction,  supe 
riority,  preeminence,  authority,  dispensing  or  other  power,  in 


CONSTITUTION    OF    MASSACHUSETTS.  35 

any  matter,  civil,  ecclesiastical  or  spiritual,  within  this  com 
monwealth  ;  except  the  authority  and  power  which  is  or  may 
be  vested  by  their  constituents  in  the  Congress  of  the  United 
States  ;  and  I  do  further  testify  and  declare,  that  no  man,  or 
body  of  men,  hath,  or  can  have,  any  right  to  absolve  or  dis 
charge  me  from  the  obligation  of  this  oath,  declaration,  or 
affirmation  ;  and  that  I  do  make  this  acknowledgment,  profes 
sion,  testimony,  declaration,  denial,  renunciation,  and  abjura 
tion,  heartily  and  truly,  according  to  the  common  meaning  and 
acceptation  of  the  foregoing  words,  without  any  equivocation, 
mental  evasion,  or  secret  reservation  whatsoever.  So  help  me 
GOD." 

"  I,  A.  B.,  do  solemnly  swear  and  affirm,  that  I  will  faithfully 
and  impartially  discharge  and  perform  all  the  duties  incumbent 
on  me  as  ,  according  to  the  best 

of  my  abilities  and  understanding,  agreeably  to  the  rules  and 
regulations  of  the  constitution,  and  the  laws  of  the  common 
wealth.  So  help  me  GOD." 

PROVIDED  always,  that  when  any  person,  chosen  or  appointed 
as  aforesaid,  shall  be  of  the  denomination  of  the  people  called 
Quakers,  and  shall  decline  taking  the  said  oaths,  he  shall  make 
his  affirmation  in  the  foregoing  form,  and  subscribe  the  same, 
omitting  the  words  " /  do  swear"  " and  abjure"  "oath  or"  " and 
abjuration"  in  the  first  oath  ;  and  in  the  second  oath,  the  words 
"swear  and"  and  in  each  of  them  the  words  "  So  Jielp  me  GOD  ;" 
subjoining  instead  thereof,  "  This  I  do  under  the  pains  and  penal- 
tics  of  perjury" 

AND  the  said  oaths  or  affirmations  shall  be  taken  and  sub 
scribed  by  the  governor,  lieutenant  governor,  and  counsellors, 
before  the  president  of  the  Senate,  in  the  presence  of  the  two 
houses  of  assembly ;  and  by  the  senators  and  representatives 
first  elected  under  this  constitution,  before  the  president  and 
live  of  the  Council  of  the  former  constitution  ;  and  forever 
afterwards  before  the  governor  and  Council  for  the  time  being  ; 
and  by  tho  residue  of  the  officers  aforesaid,  before  such  persons, 
and  in  such  manner,  as  from  time  to  time  shall  be  prescribed 
by  the  legislature. 

II.    No   governor,  lieutenant  governor,  or  judge  of   the  Plurality  of  offi 
Supreme  Judicial  Court,  shall  hold  any  other  office  or  place  governor,  &c., 
under  the  authority  of  this  commonwealth,  except  such  as  by  except'  &c* 
this  constitution  they  are  admitted  to  hold,  saving  that  the 
judges  of  the  said  court  may  hold  the  offices  of  justices  of  the 


CONSTITUTION    OF    MASSACHUSETTS. 


Same  subject. 


Incompatible 
offices. 


See  amend 
ments,  Art. 
VIII. 


Same  subject. 


Bribery,  &c., 
operates  dis 
qualification. 


peace  through  the  state  ;  nor  shall  they  hold  any  other  place 
or  office,  or  receive  any  pension  or  salary  from  any  other  state, 
or  government,  or  power  whatever. 

No  person  shall  be  capable  of  holding  or  exercising  at  the 
same  time,  within  this  state,  more  than  one  of  the  following 
offices,  viz. :  judge  of  probate  —  sheriff —  register  of  probate  — 
or  register  of  deeds  ;  and  never  more  than  any  two  offices, 
which  are  to  be  held  by  appointment  of  the  governor,  or  the 
governor  and  Council,  or  the  Senate,  or  the  House  of  Repre 
sentatives,  or  by  the  election  of  the  people  of  the  state  at 
large,  or  of  the  people  of  any  county,  military  offices,  and  the 
offices  of  justices  of  the  peace  excepted,  shall  be  held  by  one 
person. 

No  person  holding  the  office  of  judge  of  the  Supreme  Judicial 
Court  —  secretary  —  attorney  general  —  solicitor  general - 
treasurer  or  receiver  general — judge  of  probate  —  commis 
sary  general  —  president,  professor,  or  instructor  .of  Harvard 
College  —  sheriff  —  clerk  of  the  House  of  Representatives  — 
register  of  probate  —  register  of  deeds  —  clerk  of  the  Supreme 
Judicial  Court — clerk  of  the  inferior  Court  of  Common  Pleas 
—  or  officer  of  the  customs,  including  in  this  description  naval 
officers  —  shall  at  the  same  time  have  a  seat  in  the  Senate  or 
House  of  Representatives  ;  but  their  being  chosen  or  appointed 
to  and  accepting  the  same  shall  operate  as  a  resignation  of  their 
seat  in  the  Senate  or  House  of  Representatives  ;  and  the  place 
so  vacated  shall  be  filled  up. 

AND  the  same  rule  shall  take  place  in  case  any  judge  of  the 
said  Supreme  Judicial  Court,  or  judge  of  probate,  shall  accept 
a  seat  in  Council ;  or  any  counsellor  shall  accept  of  cither  of 
those  offices  or  places. 

AND  no  person  shall  ever  be  admitted  to  hold  a  scat  in  the 
legislature,  or  any  office  of  trust  or  importance  under  the  gov 
ernment  of  this  commonwealth,  who  shall,  in  the  due  course  of 
law,  have  been  convicted  of  bribery  or  corruption  in  obtaining 
an  election  or  appointment. 


Value  of  money 
ascertained. 


Property  qual 
ifications  may 
be  increased. 


III.  IN  all  cases,  where  sums  of  money  are  mentioned  in 
this  constitution,  the  value  thereof  shall  be  computed  in  silver, 
at  six  shillings  and  eight  pence  per  ounce  ;  and  it  shall  be  in 
the  power  of  the  legislature,  from  time  to  time,  to  increase 
such  qualifications,  as  to  property,  of  the  persons  to  be  elected 
to  offices,  as  the  circumstances  of  the  commonwealth  shall  re 
quire. 


CONSTITUTION    OF    MASSACHUSETTS.  37 

IY.    ALL  commissions  shall  be  in  the  name  of  the  common-  Provisions 
wealth  of  Massachusetts,  signed  by  the  governor,  and  attested 
by  the  secretary  or  his  deputy,  and  have  the  great  seal  of  the 
commonwealth  affixed  thereto. 

V.  ALL  writs,  issuing  out  of  the  clerk's  office  in  any  of  the 
courts  of  law,  shall  be  in  the  name  of  the  commonwealth  of 
Massachusetts  ;  they  shall  be  under  the  seal  of  the  court  from 
whence  they  issue  ;  they  shall  bear  test  of  the  first  justice  of 
the  court  to  which  they  shall  be  returnable,  who  is  not  a  party, 
and  be  signed  by  the  clerk  of  such  court. 

VI.  ALL  the  laws,  which  have  heretofore  been  adopted,  Continuation 

'  of  former  laws, 

used,  and  approved,  in  the  province,  colony,  or  state  of  Mas-  except,  &c. 
sachusetts  Bay,  and  usually  practised  on  in  the  courts  of  law, 
shall  still  remain  and  be  in  full  force,  until  altered  or  repealed 
by  the  legislature  ;  such  parts  only  excepted  as  are  repugnant 
to  the  rights  and  liberties  contained  in  this  constitution. 

VII.  THE  privilege  and  benefit  of  the  writ  of  habeas  corpus  Benefit  of  habeas 
shall  be  enjoyed  in  this  commonwealth,  in  the  most  free,  easy,  except,  &c.ured' 
cheap,  expeditious,  and  ample  manner  ;  and  shall  not  be  sus 
pended  by  the  legislature,  except  upon  the  most  urgent  and 

pressing  occasions,  and  for  a  limited  time,  not  exceeding  twelve 
months. 

VIII.  THE  enacting  style,  in  making  and  passing  all  acts,  The  enacting 
statutes,  and  laws,  shall  be,  "  Be  it  enacted  by  the  Senate  and  style' 
House  of  Representatives,  in  General  Court  assembled,  and  by 

the  authority  of  the  same." 


IX.     To  the  end  there  may  be  no  failure  of  justice,  or  dan-  officers  of  former 

government  c 
tinued  until, 


ger,  arise  to  the  commonwealth,  from  a  change  of  the  form  of  s°vernment  con- 


government,  all  officers,  civil  and  military,  holding  commissions 
under  the  government  and  people  of  Massachusetts  Bay,  in 
New  England,  and  all  other  officers  of  the  said  government 
and  people,  at  the  time  this  constitution  shall  take  effect,  shall 
have,  hold,  use,  exercise,  and  enjoy  all  the  powers  and  author 
ity  to  them  granted  or  committed,  until  other  persons  shall  be 
appointed  in  their  stead  ;  and  all  courts  of  law  shall  proceed 
m  the  execution  of  the  business  of  their  respective  depart 
ments  ;  ancl  all  the  executive  and  legislative  officers,  bodies, 
and  powers  shall  continue  in  full  force,  in  the  enjoyment  and 


38 


CONSTITUTION     OF     MASSACHUSETTS. 


Provision  for  re 
vising  constitu 
tion. 


Same  subject. 


exercise  of  all  their  trusts,  employments,  and  authority,  until 
the  General  Court,  and  the  supreme  and  executive  officers  un 
der  this  constitution,  are  designated,  and  invested  with  their 
respective  trusts,  powers,  and  authority. 

X.  IN  order  the  more  effectually  to  adhere  to  the  principles 
of  the  constitution,  and  to  correct  those  violations  which  by 
any  means  may  be  made  therein,  as  well  as  to  form  such  alter 
ations  as  from  experience  shall  be  found  necessary,  the  Gen 
eral  Court,  which  shall  be  in  the  year  of  our  Lord  one  thou 
sand  seven  hundred  and  ninety-five,  shall  issue  precepts  to  the 
selectmen  of  the  several  towns,  and  to  the  assessors  of  the 
unincorporated  plantations,  directing  them  to  convene  the 
qualified  voters  of  their  respective  towns  and  plantations,  for 
the  purpose  of  collecting  their  sentiments  on  the  necessity  or 
expediency  of  revising  the  constitution,  in  order  to  amend 
ments. 

AND  if  it  shall  appear,  by  the  returns  made,  that  two  thirds 
of  the  qualified  voters  throughout  the  state,  who  shall  assemble 
and  vote  in  consequence  of  the  said  precepts,  are  in  favor  of 
such  revision  or  amendment,  the  General  Court  shall  issue  pre 
cepts,  or  direct  them  to  be  issued  from  the  secretary's  office,  to 
the  several  towns,  to  elect  delegates  to  meet  in  convention,  for 
the  purpose  aforesaid. 

THE  said  delegates  to  be  chosen  in  the  same  manner  and 
proportion  as  their  representatives  in  the  second  branch  of  the 
legislature  arc  by  this  constitution  to  be  chosen. 


Provision   for 
preserving  and 
publishing  this 
constitution. 


XI.  THIS  form  of  government  shall  be  enrolled  on  parch 
ment,  and  deposited  in  the  secretary's  office,  and  be  a  part  of 
the  laws  of  the  land  ;  and  printed  copies  thereof  shall  bo  pre 
fixed  to  the  book  containing  the  laws  of  this  commonwealth, 
in  all  future  editions  of  the  said  laws. 


ARTICLES   OF  AMENDMENT. 

BUI,  &c.,  not  ap-      ART.  1.     IF  any  bill  or  resolve  shall  be  objected  to,  and 

proved   within  ,    .,          ..  _.   . ,,     ,        .— 

five  days,  not  to  not  approved  by  the  governor,  and  if  the  General  Pourt  shall 
iegisSturelaad-rf  adjourn  within  five  days  after  the  same  shall  have  been  laid 
mean  timethe  Before  tne  governor,  for  his  approbation,  and  thereby  prevent 


CONSTITUTION     OF     MASSACHUSETTS.  39 

his  returning  it,  with  his  objections,  as  provided  by  the  consti 
tution,  such  bill  or  resolve  shall  not  become  a  law,  nor  have 
force  as  such. 

ART.  2.     THE  General  Court  shall  have  full  power  and  au-  General  Court 

.    .       ,  .  empowered  to 

thority  to  erect  and  constitute  municipal  or  city  governments,  charter  cities. 
in  any  corporate  town  or  towns  in  this  commonwealth,  and  to 
^•raiit  to  the  inhabitants  thereof  such  powers,  privileges,  and 
immunities,  not  repugnant  to  the  constitution,  as  the  General 
Court  shall  deem  necessary  or  expedient  for  the  regulation 
and  government  thereof,,  and  to  prescribe  the  manner  of  call 
ing  and  holding  public  meetings  of  the  inhabitants  in  wards, 
or  otherwise,  for  the  election  of  officers  under  the  constitution, 
and  the  manner  of  returning  the  votes  given  at  such  meetings : 
provided,  that  no  such  government  shall  be  erected  or  consti-  Proviso, 
tuted  in  any  town  not  containing  twelve  thousand  inhabitants, 
nor  unless  it  be  with  the  consent,  and  on  the  application,  of  a 
majority  of  the  inhabitants  of  such  town,  present  and  voting 
thereon,  pursuant  to  a  vote  at  a  meeting  duly  warned  and 
Iiolden  for  that  purpose  :  and  provided,  also,  that  all  by-laws, 
made  by  such  municipal  or  city  government,  shall  be  subject, 
nt  all  times,  to  be  annulled  by  the  General  Court. 

ART.  3.  EVERY  male  citizen  of  twenty-one  years  of  age  and  Qualifications  of 
upwards,  (excepting  paupers  and  persons  under  guardianship.)  nor^H^uSnt 
who  shall  have  resided  within  the  commonwealth  one  year.  J^™"^  **nj£ 
and  within  the  town  or  district,  in  which  he  may  claim  a  right  sentatives.  11 

J  „   Pick.  538. 

to  vote,  six  calendar  months  next  preceding  any  election  of 
governor,  lieutenant  governor,  senators,  or  representatives,  and 
who  shall  have  paid,  by  himself  or  his  parent,  master,  or  guar 
dian,  any  state  or  county  tax,  which  shall,  within  two  years 
next  preceding  sucli  ejection,  have  been  assessed  upon  him,  in 
any  town  or  district  of  this  commonwealth  ;  and  also  every 
citizen  who  shall  be  by  law  exempted  from  taxation,  and  who 
^hall  be  in  all  other  respects  qualified  as  above  mentioned, 
shall  have  a  right  to  vote  in  such  election  of  governor,  lieuten 
ant  governor,  senators,  and  representatives  ;  and  no  other  per 
son  shall  be  entitled  to  vote  in  such  elections. 

ART.  4.    NOTARIES  public  shall  be  appointed  by  the   gov-  Notaries  public, 
ernor,  in  the  same  manner  as  judicial  officers  are  appointed,  andr*inove<L 
and  shall  hold  their  offices  during  seven  years,  unless  sooner 


40  CONSTITUTION     OF     MASSACHUSETTS. 

removed  by  the  governor,  with  the  consent  of  the  Council,  upon 
the  address  of  both  houses  of  the  legislature. 

Vacancies  in  the      Ix  case  the  office  of  secretary  or  treasurer  of  the  common- 
office  of  secretary  . 
and  treasurer,     wealth  shall  become  vacant  Irom  any  cause,  during  the  recess 

cas^e,  &c?  '  "  °f  the  General  Court,  the  governor,  with  the  advice  and  con 
sent  of  the  Council,  shall  nominate  and  appoint,  under  such 
regulations  as  may  be  prescribed  by  law,  a  competent  and  suit 
able  person  to  such  vacant  office,  who  shall  hold  the  same  until 
a  successor  shall  be  appointed  by  the  General  Court. 

Commissary  gen-      WHENEVER  the  exigencies  of  the  commonwealth  shall  require 

pomted)yiacasei  the  appointment  of  a  crmmissary  general,  he  shall  be  nomi 
nated,  appointed,  and  commissioned,  in  such  manner  as  the  le 
gislature  may,  by  law,  prescribe. 

Militia  officers,       ALL  officers  commissioned  to  command  in  the  militia,  may 

how  removed.  11. 

be  removed  from  office  in  such  manner  as  the  legislature  may, 
by  law,  prescribe. 

Who  may  vote        ART.  5.     IN  the  elections  of  captains  and  subalterns  of  the 

for  captains  aud  . 

subalterns.  militia,  ail  the  members  01  their  respective  companies,  as  well 
those  under,  as  those  above  the  age  of  twenty-one  years,  shall 
have  a  right  to  vote. 


c 


Oath  to  be  taken      ART.  6.     INSTEAD  of  the  oath  of  allegiance  prescribed  by  the 

by  all  officers ; 

constitution,  the  following  oath  shall  be  taken  and  subscribed 
by  every  person  chosen  or  appointed  to  any  office,  civil  or  mil 
itary,  under  the  government  of  this  commonwealth,  before  ho 
shall  enter  on  the  duties  of  his  office,  to  wit  :  — 

"  I,  A.  B.,  do  solemnly  swear,  that  I  will  bear  true  faith  and 
allegiance  to  the  commonwealth  of  Massachusetts,  and  will  sup 
port  the  constitution  thereof.  So  help  me  God." 

or  affirmation  in  Provided,  That  when  any  person  shall  be  of  the  denomination 
called  Quakers,  and  shall  decline  taking  said  oath,  he  shall 
make  his  affirmation  in  the  foregoing  form,  omitting  the  word 
"  swear,"  and  inserting,  instead  thereof,  the  word  ''  affirm/'  and 
omitting  the  words  "  So  help  me  God,"  and  subjoining,  instead 
thereof,  the  words  "  This  I  do  under  the  pains  and  penalties  of 
perjury." 

Tests  abolished.  ART.  7.  Xo  oath,  declaration,  or  subscription,  excepting  the 
oath  prescribed  in  the  preceding  article,  and  the  oath  of  office, 
shall  be  required  of  the  governor,  lieutenant  governor,  coun 
sellors,  senators,  or  representatives,  to  qualify  them  to  perform 
the  duties  of  their  respective  offices. 


CONSTITUTION     OF     MASSACHUSETTS.  41 

ART.  8.  No  judge  of  any  court  of  this  commonwealth,  (ex-  incompatibility 
cept  the  Court  of  Sessions,)  and  no  person  holding  any  office  °J  lces* 
under  the  authority  of  the  United  States,  (postmasters  except- 
ed,)  shall,  at  the  same  time,  hold  the  office  of  governor,  lieu 
tenant  governor,  or  counsellor,  or  have  a  seat  in  the  Senate  or 
House  of  Representatives  of  this  commonwealth  ;  and  no  judge 
of  any  court  in  this  commonwealth,  (except  the  Court  of  Ses 
sions,)  nor  the  attorney  general,  solicitor  general,  county  attor 
ney,  clerk  of  any  court,  sheriff,  treasurer  and  receiver  general, 
register  of  probate,  nor  register  of  deeds,  shall  continue  to 
hold  his  said  office  after  being  elected  a  member  of  the  Con 
gress  of  the  United  States,  and  accepting  that  trust ;  but  the 
acceptance  cl  such  trust,  by  any  of  the  officers  aforesaid,  shall 
be  deemed  and  taken  to  be  a  resignation  of  his  said  office ; 
and  judges  of  the  Courts  of  Common  Pleas  shall  hold  no  other 
office  under  the  government  of  this  commonwealth,  the  office 
of  justice  of  the  peace  and  militia  offices  exceptecl. 

ART.  9.  IF,  at  any  time  hereafter,  any  specific  and  particu-  Amendments  to 
lar  amendment  or  amendments  to  the  constitution  be  proposed  towmade™' 
in  the  General  Court,  and  agreed  to  by  a  majority  of  the 
senators  and  two  thirds  of  the  members  of  the  House  of  Rep 
resentatives  present  and  voting  thereon,  such  proposed  amend 
ment  or  amendments  shall  be  entered  on  the  journals  of 
the  two  houses,  with  the  yeas  and  nays  taken  thereon,  and 
referred  to  the  General  Court  then  next  to  be  chosen,  and  shall 
be  published  ;  and  if  in  the  General  Court  next  chosen,  as 
aforesaid,  such  proposed  amendment  or  amendments  shall  be 
agreed  to  by  a  majority  of  the  senators  and  two  thirds  of  the 
members  of  the  House  of  Representatives  present  and  voting 
thereon,  then  it  shall  be  tho  duty  of  the  General  Court 
to  submit  such  proposed  amendment  or  amendments  to 
the  people  ;  and  if  they  shall  be  approved  and  ratified  by  a 
majority  of  the  qualified  voters,  voting  thereon,  at  meetings 
legally  warned  and  holden  for  that  purpose,  they  shall  become 
part  of  the  constitution  of  this  commonwealth. 

ART,  10.     THE  political  year  shall  begin  on  the  first  "Wcdnes-  Commencement 
day  of  January,  instead  of  the  last  Wednesday  of  May,  and  the  of  polltical  year' 
General  Court  shall  assemble  every  year  on   the   said  first 
"Wednesday  of  January,  and  shall  proceed,  at  that  session,  to 
make  all  the  elections,  and  do  all  the  other  acts,  which  are  by 
the  constitution  required  to  be  made  and  done  at  the  session 
6 


42  CONSTITUTION    OF    MASSACHUSETTS. 

which  has  heretofore  commenced  on  the  last  Wednesday  of 
May.  And  the  General  Court  shall  be  dissolved  on  the  day 
and  termination,  next  preceding  the  first  Wednesday  of  January,  without  any 
proclamation  or  other  act  of  the  governor.  But  nothing 
herein  contained  shall  prevent  the  General  Court  from  assem 
bling  at  such  other  times  as  they  shall  judge  necessary,  or 
when  called  together  by  the  governor.  The  governor, 
lieutenant  governor,  and  counsellors  shall  also  hold  their 
respective  offices  for  one  year  next  following  the  first  Wednes 
day  of  January,  and  until  others  are  chosen  and  qualified  in 
their  stead. 

Meetings  for  ^HE  meeting  for  the  choice  of  governor,  lieutenant  governor, 

choice  of  gov-      senators,  and  representatives  shall  be  held  on  the  second  Mou- 

ernor,  lieutenant  ' 

governor,  &c.,      day  of  November  in  every  year;   but  meetings   maybe  ad- 

when  to  be  held.   .     J         ,    .,  „          ' f     J   ,      .'          „ 

jonrned,  if  necessary,  for  the  choice  of  representatives,  to  the 
journed.a  "  nex*  ^ay,  and  again  to  the  next  succeeding  day,  but  no  further. 
But  in  case  a  second  meeting  shall  be  necessary  for  the  choice 
of  representatives,  such  meetings  shall  be  held  on  the  fourth 
Monday  of  the  same  month  of  November. 

ALL  the  other  provisions  of  the  constitution,  respecting  the 
elections  and  proceedings  of  the  members  of  the  General 
Court,  or  of  any  other  officers  or  persons  whatever,  that  have 
reference  to  the  last  Wednesday  of  May  as  the  commencement 
of  the  political  year,  shall  be  so  far  altered  as  to  have  like 
reference  to  the  first  Wednesday  of  January. 

Article,  when  to  THIS  article  shall  go  into  operation  on  the  first  day  of  Octo- 
go^mto  oper;  ^^  ^^  following  the  day  when  the  same  shall  be  duly  rati 
fied  and  adopted  as  an  amendment  of  the  constitution  ;  and 
the  governor,  lieutenant  governor,  counsellors,  senators,  repre 
sentatives,  and  all  other  state  officers,  who  are  annually  chosen, 
and  who  shall  be  chosen  for  the  current  year,  when  the  same 
shall  go  into  operation,  shall  hold  their  respective  offices  until 
the  first  Wednesday  of  January  then  next  following,  and  until 
others  are  chosen  and  qualified  in  their  stead,  and  no  longer ; 
and  the  first  election  of  the  governor,  lieutenant  governor, 
senators,  and  representatives,  to  be  had  in  virtue  of  this  article, 
shall  be  had  conformably  thereunto,  in  the  month  of  November 
following  the  day  on  which  the  same  shall  be  in  force  and  go 
into  operation,  pursuant  to  the  foregoing  provision. 

inconsistent  pro-      ALL  the  provisions  of  the  existing  constitution,  inconsistent 
nulled! an          with    the   provisions  herein   contained,    are    hereby  wholly 
annulled. 


CONSTITUTION     OF    MASSACHUSETTS.  43 

ART.  11.     Instead  of  the  third  article  of  the  bill  of  rights,  the  Religious  free- 
following  modification  and  amendment  thereof  is  substituted  :  — 

As  the  public  worship  of  God,  and  instructions  in  piety, 
religion,  and  morality,  promote  the  happiness  and  prosperity 
of  a  people,  and  the  security  of  a  republican  government, 
therefore  the  several  religious  societies  of  this  commonwealth, 
whether  corporate  or  unincorporate,  at  any  meeting  legally 
warned  and  holden  for  that  purpose,  shall  ever  have  the  right 
to  elect  their  pastors  or  religious  teachers,  to  contract  with 
them  for  their  support,  to  raise  money  for  erecting  and  repair 
ing  houses  for  public  worship,  for  the  maintenance  of  religious 
instruction,  and  for  the  payment  of  necessary  expenses :  And 
all  persons  belonging  to  any  religious  society  shall  be  taken 
and  held  t'o  be  members,  until  they  shall  file  with  the  clerk  of 
yuch  society  a  written  notice  declaring  the  dissolution  of  their 
membership,  and  thenceforth  shall  not  be  liable  for  any  grant 
or  coutraci  which  may  be  thereafter  made  or  entered  into  by 
such  society  :  And  all  religious  sects  and  denominations,  de 
meaning  themselves  peaceably,  and  as  good  citizens  of  the 
commonwealth,  shall  be  equally  under  the  protection  of  the 
la\v  ;  and  no  subordination  of  any  one  sect  or  denomination 
to  another  shall  ever  be  established  by  law. 

AUT.  111.     In  order  to  provide  for  a  representation  of  the  Representatives, 

-  ,,  .  1-1     f         11  ,i  •      •    i          i.  how  apportioned. 

citizens  ot  this  commonwealth,  rounded  upon  the  principles  01 
equality,  a  census  of  the  ratable  polls  in  each  city,  town,  and 
district  of  the  commonwealth,  on  the  first  day  of  May,  shall 
be  taken  and  returned  into  the  secretary's  office,  in  such 
manner  as  the  legislature  shall  provide  within  the  month  of 
May,  in  the  year  of  our  Lord  one  thousand  eight  hundred  and 
thirty-seven,  and  in  every  tenth  year  thereafter  in  the  month  of 
May,  in  manner  aforesaid  ;  and  each  town  or  city  having  throe 
hundred  ratable  polls  at  the  last  preceding  decennial  census 
of  polls,  may  elect  one  representative,  and  for  every  four  hun 
dred  and  fifty  ratable  polls  in  addition  to  the  first  three 
hundred,  one  representative  more. 

ASY  town  having  less  than  three  hundred  ratable  polls  shall  Towns  having 
be  represented  thus  :  The  whole  number  of  ratable  polls,  at  the  ratable  polls, 
last  preceding  decennial  census  of  polls,  shall  be  multiplied  by  howrePresen     • 
ten,  and  the  product  divided  by  three  hundred,  and  such  town 
may  elect  one  representative  as  many  years  within  ten  years  us 
three  hundred  is  contained  in  the  product  aforesaid. 

ANY  city  or  town  having  ratable  polls  enough  to  elect  one  or 


44  CONSTITUTION    OF    MASSACHUSETTS. 

Fractions,  how  more  representatives,  with  any  number  of  polls  beyond  the 
necessary  mrmber,  may  bo  represented,  as  to  that  surplus  num 
ber,  by  multiplying  such  surplus  number  by  ten,  and  dividing 
the  product  by  fom  hundred  and  fifty  ;  and  such  city  or  town 
may  elect  one  additional  representative  as  many  years  within 
the  ten  years,  as  four  hundred  and  fifty  is  contained  in  the 
product  aforesaid. 

Towns  may  unite      ANY  two  or  more  of  the  several  towns  arid  districts  may,  by 

into    representa-  7  1  '.         , 

tive  districts.  consent  or  a  majority  oi  the  legal  voters  present  at  a  legal 
meeting  in  each  of  said  towns  and  districts  respectively,  called 
for  that  purpose,  and  held  previous  to  the  first  day  of  July,  in 
the  year  in  which  the  decennial  census  of  polls  shall  be  taken, 
form  themselves  into  a  representative  district,  to  continue  until 
the  next  decennial  census  of  polls,  for  the  election  of  a  repre 
sentative  or  representatives  ;  and  such  district  shall  have  all 
the  rights  in  regard  to  representation,  which  would  belong  to  a 
town  containing  the  same  31  umber  of  ratable  polls. 

Governor  and  THE  governor  and  Council  shall  ascertain  and  determine, 
nce^in  vUliin  the  months  of  July  a^d  August,  in  the  year  of  our  Lord 


every  ten  years  onc  thousand  eight'  hundred  and  thirty-seven,  according  to  the 

the    number    of  J 

representatives     foregoing  principles,  the  number  of  representatives  which  each 

to  which  each          ..  -.  ..         ,  .       .    ,\  ,.  ,     ,    ,        , 

town  is  entitled,  city,  town,  and  representative  district  is  entitled  to  elect,  ana 
the  number  of  years,  within  the  period  of  ten  years  then  next 
ensuing,  that  each  city,  town,  and  representative  district  may 
elect  an  additional  representative  ;  and  where  any  town  has 
not  a  sufficient  number  of  polls  to  elect  a  representative  each 

New  apportion-    year,  then  how  many  years  within  the  ten  years  aich  town  mav 

meiit  to  be  made  "  .  "  ,  . 

once  in  every  ten  elect  a  representative  ;  and  the  same  shall  be  done  once  in  ten 
yeci  years  thereafter,  by  the  governor  and  Council,  and  the  number 

of  ratable  polls  in  each  decennial  census  of  polls  sluul  deter 
mine  the  number  of  representatives  which  each  city,  lown,  and 
representative  district  may  elect  as  aforesaid  ;  and  when  the 
number  of  representatives  to  be  elected  by  each  city;  town,  or 
representative  district  is  ascertained  and  determined  as  nib  re- 
said,  the  governor  shall  cause  the  same  to  be  published  forth 
with  for  the  information  of  the  people,  and  that  number  shall 
remain  fixed  and  unalterable  for  the  period  of  ten  years. 
inconsistent  pro-  ALL  the  provisions  of  the  existing  constitution  inconsistent 

visions  repealed.  .   .  .  . 

with    the    provisions    herein    contained,   are    hereby    wholly 
annulled. 

Senators  and  ,\:;T<  ^     ^  census  of  the  inhabitants  of  each  city  and  town, 

representatives,  »  ' 

how  apportioned,  on  the  nrst  day  of  May,  shall  be  taken,  and  returned  into  the 


CONSTITUTION    OF    MASSACHUSETTS.  45 

secretary's  office,  on  or  before  the  last  day  of  June  of  the  year 
one  thousand  eight  hund-od  and  forty,  and  of  every  tenth  year 
thereafter,  which  census  ..diall  determine  the  apportionment  of 
senators  and  representatives  for  the  term  of  ten  years. 

THE  several  senatorial  districts  now  existing  shall  be  per-  Senatorial 
manent.  The  Senate  shall  consist  of  forty  members  ;  and  in 
the  year  one  thousand  eight  hundred  and  forty,  and  every 
tenth  year  thereafter,  the  governor  and  Council  shall  assign 
the  number  of  senators  to  be  chosen  in  each  district,  according 
to  the  number  of  inhabitants  in.  the  same.  But,  in  all  cases,  at 
least  one  senator  shall  be  assigned  to  each  district. 

THE  members  of  the  House  of  Representatives  shall  be  ap-  House  of  Repre- 

.  .  sentatives,    how 

portioned  in  the  following  manner  :     hvery  town  or  city  con-  apportioned, 
taining  twelve  hundred  inhabitants  may  elect  one  representa 
tive  ;  and  two  thousand  four  hundred  inhabitants  shall  be  the 
mean  increasing  number  which  shall  entitle  it  to  an  additional 
representative. 
EVERY  town  containing  less  than  twelve  hundred  inhabitants  small  towns, 

how  represented. 

shall  be  entitled  to  elect  a  representative  as  many  times,  with 
in  ten  years,  as  the  number  one  hundred  and  sixty  is  contained 
in  the  number  of  the  inhabitants  of  said  town.  Such  towns 
may  also  elect  one  representative  for  the  year  in  which  the 
valuation  of  estates  within  t!.e  commonwealth  shall  be  settled. 

ANY  two  or  more  of  the  several  towns  may,  by  consent  of  a  Towns  may  unite 

•,         A  ,1      i         i  ,•          •  i     into   ropresenta- 

majonty  of  the  legal  voters  present  at  a  legal  meeting,  in  each  th-e  districts. 
of  said  towns  respectively,  called  for  that  purpose,  and  held 
before  the  first  day  of  August,  in  the  year  one  thousand  eight 
hundred  and  forty,  and  every  tenth  year  thereafter,  form  thorn- 
solves  into  a  representative  district,  to  continue  for  the  tmn 
of  ten  years  ;  and  such  district  shall  have  all  the  rights,  in 
regard  to  representation  which  would  belong  to  a  town  con 
taining  the  same  number  of  inhabitants. 

THE  number  of  inhabitants  which  shall  entitle  a  town  to  Basis  of  repre 
elect  one  representative,  and  the  mean  increasing  number 
which  shall  entitle  a  town  or  city  to  elect  more  than  one,  and 
also  the  number  by  which  the  population  of  towns,  not  entitled 
to  a  representative  every  year,  is  to  be  divided,  shall  be  in 
creased  respectively  by  (me  tenth  of  the  numbers  above  men 
tioned,  whenever  the  population  of  the  commonwealth  shall 
have  increased  to  seven  hundred  and  seventy  thousand,  and  for 
every  additional  increase  of  seventy  thousand  inhabitants,  the 
same  addition  of  one  tenth  shall  be  made  respectively  to  the 
said  numbers  above  mentioned. 


sentation. 


4:6 


CONSTITUTION    OF    MASSACHUSETTS. 


Governor  and 
Council  to  ap 
portion  the  num 
ber  of  represen 
tatives  of  each 
town,   once   in 
every  ten  years. 


Counsellors  to 
be  chosen  from 
the  people  at 
large. 


Qualifications 
of  counsellors. 


Freehold  estate 
dispensed  with. 


IN  the  year  of  each  decennial  census,  the  governor  and  Coun 
cil  shall,  before  the  first  day  of  September,  apportion  the  num 
ber  of  representatives,  which  each  city,  town,  and  representa 
tive  district  is  entitled  to  elect,  and  ascertain  how  many  years, 
within  ten  years,  any  town  may  elect  a  representative,  which 
is  not  entitled  to  elect  one  every  year,  and  the  governor  shall 
cause  the  same  to  be  published  forthwith. 

NINE  counsellors  shall  be  annually  chosen  from  among  the 
people  at  large,  on  the  first  Wednesday  of  January,  or  as  soon 
thereafter  as  may  be,  by  the  joint  ballot  of  the  senators  and 
representatives,  assembled  in  one  room,  who  shall,  as  soon  as 
may  be,  in  like  manner,  fill  up  any  vacancies  that  may  happen 
in  the  Council,  by  death,  resignation,  or  otherwise.  No  person 
shall  be  elected  a  counsellor  who  has  not  been  an  inhabitant 
of  this  commonwealth  for  the  term  of  five  years  immediately 
preceding  his  election  ;  and  not  more  than  one  counsellor 
shall  be  chosen  from  any  one  senatorial  district  in  the  com 
monwealth. 

No  possession  of  a  freehold,  or  of  any  other  estate,  shall  be 
required  as  a  qualification  for  holding  a  seat  in  either  branch 
of  the  General  Court,  or  in  the  executive  Council. 


[NOTE.  —  The  constitution  of  Massachusetts  was  agreed  upon  by  delegates  of  the 
people,  in  convention,  begun  and  held  at  Cambridge,  on  the  first  d;iy  of  September, 
1779,  and  continued  by  adjournments  to  the  second  day  of  March,  1780,  when  the 
convention  adjourned  to  meet  on  the  first  Wednesday  of  the  ensuing  June.  In  the 
mean  time  the  constitution  was  submitted  to  the  people,  to  be  adopted  by  them, 
provided  two  thirds  of  the  votes  given  should  be  in  the  affirmative.  When  the 
convention  assembled,  it  was  found  that  the  constitution  had  been  adopted  by  the 
requisite  number  of  votes,  and  the  convention  accordingly  resolved,  "  that  the  said 
constitution  or  frame  of  government  shall  take  place  on  the  last  Wednesday  of  Oc 
tober  next ;  and  not  before,  for  any  purpose,  save  only  for  that  of  making  elections, 
agreeable  to  this  resolution."  The  first  legislature  assembled  at  Boston,  on  the 
twenty-fifth  day  of  October,  1780. 

The  first  nine  articles  of  amendment  were  submitted,  by  delegates  in  convention 
assembled  November  15,  1820,  to  the  people,  and  by  them  approved  and  adopted, 
April  9,  1821. 

The  tenth  article  of  amendment  was  adopted  by  the  legislatures  of  the  political 
years  1829-30,  and  1830-31,  and  was  approved  and  ratified  by  the  people,  May 
11,  1831. 

The  eleventh  article  of  amendment  was  adopted  by  the  legislatures  of  the  polit 
ical  years  1832  and  1833,  and  was  approved  and  ratified  by  the  people,  November 
11,  1833. 

The  twelfth  article  of  amendment  was  adopted  by  the  legislatures  of  the  political 
years  1835  and  1836,  and  was  approved  and  ratified  by  the  people,  November  14, 1836. 

The  thirteenth  article  of  amendment  was  adopted  by  the  legislatures  of  the  po 
litical  years  1839  and  1840.  and  was  approved  and  ratified  by  the  people,  April 
6,  1840.] 


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